Legal Question in Wills and Trusts in Georgia

Lesbian couple in Ga. The financial breadwinner is dying from brain injury. Her brother has power of attourney. Wants to exclude the womans Partner who is agorophobic with many other health problems. He has kicked her out of the residence wants to sell property. She cannot work has no money since she was supported for 10 yrs and is homeless. She has applied for disability at age 59 but has a 2yr wait. She needs medication,housing and mental help suffering from panic attacks. There is no will this happened siddenly


Asked on 8/24/14, 3:55 pm

2 Answers from Attorneys

Well, I am sorry for the partner's situation, but there really is no excuse. If the women were in a stable loving partnership, then it was absolutely imperative that they make estate planning documents to protect each other in the case of something unfortunate.

Now it is too late. One partner is incapacitated and has put the brother in charge or he obtained guardianship and its too late. Brother will control the injured partner's assets if they were solely in the name of the injured partner. The surviving partner is going to have to apply for whatever benefits are out there - Medicaid, disability. While she does not work, why? Can she get a job doing something? Probably not if she is agoraphobic.

She is going to have to find something to do and apply for all benefits to which she is entitled.. Its nice to have a sugar mama or daddy be a provider but you have to think of consequences and always plan ahead for the unexpected.

She is going to have to talk to her county department of health and human services to see what benefits they can get her qualified for now.

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Answered on 8/24/14, 5:24 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

While this is a sad story, this was 100% prventable and is totally her fault. Since her relationship is not recognized by Georgia, she has no rights except those created by legal documents. The couple could have executed mutual powers of attorney. mutial health care directives and mutual wills. She will have to do the best she can on her own (or with any government programs out there). It's sad that her partner made the very deliberate choice not to protect her, and there is no fix.

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Answered on 8/24/14, 6:34 pm


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