What to Do When a Loved One Dies
(Separate Website)
There are a number of different proceedings which may be filed in the Probate Court following the death of a Georgia resident or a non-resident owning property in the State of Georgia. Proceedings are filed in the Probate Court of the county of the deceased person's residence in Georgia or in the county where property of a non-resident is located.
This page briefly describes the usual, initial proceedings. For each proceeding described, there is a standard form, which the Court will provide to any petitioner.
This information was originally prepared as the public serve by the Hon. William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia.
By: Probate Courts of Bibb and Clark Counties
Frequently Asked Questions About What to Do When Someone Dies
(Separate Website)
This document answers common questions about what to do when someone dies, including (1) What are the first legal steps I should take after someone dies? (2) Do I need to have a lawyer? (3) Which Probate Court should I go to? (4) What is the procedure in the Probate Court?
By: Athens-Clarke County Probate Court
A Checklist of What To Do When A Loved One Dies
When a loved one passes away, it is an understandably stressful time. It can be even more stressful and/or traumatic trying to remember all of the details that must be taken care of related to a person's death. If you are in charge of handling the affairs of the decedent (the person who has died), this is a checklist of some of the more important considerations.
By: Georgia Department of Human Resources, Division of Aging Services
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Details of My Final Arrangements This document helps you sort out your thoughts (and write them out) about how you want things to be managed upon your death, including information about your will, your advance directives (living will and durable power of attorney), your insurance policies, bank accounts, your desires for funeral services, burial arrangements and any additional requests that are not contained in your will.
By: Department of Human Resources, Division of Aging Services
A Consumer's Guide to Cemeteries and Funeral Services
(Separate Website)
In times of loss, we are faced with many difficult decisions involving our loved one's funeral service and burial arrangements. Unfortunately, it is during this time that consumers are most vulnerable to becoming victims of fraud. The Securities and Business Regulation Division of the Office of Secretary of State oversees the business practices of preneed dealers, merchandise dealers and perpetual care cemeteries throughout Georgia, excluding those cemeteries that are family and church-owned. To help sort the good from the bad, this brochure is designed to better acquaint you with the laws and rules regulating perpetual care cemeteries, preneed dealers, and merchandise dealers in our state. With this information, you will be better prepared and better informed when the time comes for the difficult decisions of loss to be made.
By: Georgia Secretary of State
What You Need to Know About Funeral Homes, Crematories and Cemeteries This document answers common questions about funerals, funeral homes, crematories and laws regulating the funeral process in Georgia.
By: Georgia Department of Human Resources, Division of Aging Services
Tips for Dealing with Funeral Homes
In general, family members choose a casket shortly after the death of their loved one. During this emotional time people can make decisions that they later regret. This document contains a list of consumer tips when dealing with funeral homes to help you make the right decisions for your loved ones and to protect yourself against consumer fraud or pressure.
By: Georgia Department of Human Resources, Division of Aging Services
Consumer Bill of Rights for Funeral Goods and Services
Before purchasing any funeral goods or services or signing a "preneed" funeral contract, consumers should ask any and all questions regarding plans and proposed purchases. There are certain things that you should expect the funeral home to provide to you and/or put in the contract. This document describes the kinds of things you should ask for.
By: Georgia Department of Human Resources, Division of Aging Services
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What Arrangements Need To Be Taken Care Of After the Funeral Service is Over?
When a loved one dies, it is an understandably stressful time. It can be even more stressful and/or traumatic trying to remember all of the details that must be taken care of related to a person's death. In case you are in charge of handling the affairs of the decedent (the person who has died), there are some items that deserve some important consideration. This document lists the items you should consider taking care of and explains the process for dealing with things like (1) obtaining a Death Certificate, (2) notifying the employer and the Social Security Administration, (3) managing the bank accounts, (4) probating the will.
By: Georgia Department of Human Resources, Division of Aging Services
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Access to Vital Records (Birth Certificates, Marriage and Divorce Records, etc.)
(Separate Website)
This web site contains information about vital records kept by the State of Georgia, including birth certificates, death certificates, marriage and divorce records, and the putative father registry. The web site also contains answers to common questions about vital records (where to find them, fees for certified copies of the records, etc.).
By: Georgia Division of Public Health
Veterans' Burial and Memorial Benefits
(Separate Website)
The Department of Veterans' Affairs National Cemetery Administration's web site is designed to assist you with information on the VA's national cemeteries and other memorial benefits. The National Cemetery Association honors veterans with a final resting place and lasting memorials that commemorate their service to our country.
By: Department of Veterans' Affairs
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Burial and Plot-Interment Allowances
(Separate Website)
The website has information on partial financial reimbursement for an eligible veteran's burial and funeral costs.
By: Department of Veteran's Affairs
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Dependency and Indemnity Compensation for Veterans
(Separate Website)
The website has information on dependency and indemnity compensation ? a financial benefit for eligible survivors of certain deceased veterans
By: Department of Veteran?s Affairs
Read this in:
Spanish / Espaņol
End of Life Planning: DO NOT RESUSCITATE ORDER
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a ?No Code.? The law in Georgia is very specific and there are circumstances when regardless of a person?s wishes, that order cannot be carried out in the person?s current location.
By: Georgia Department of Human Resources, Division of Aging Services
Medicaid Information and Long-term Care: Burial Exclusions The State of Georgia has made changes to the burial exclusions affecting specific classes of Medicaid that typically fund long-term care services. Affected by those changes include the Adult, Blind and Disabled class of Medicaid, which covers Medicaid for Long-term Care: Nursing Home Medicaid and Medicaid Waiver Programs like the CCSP (Community Care Services Program).
By: Georgia Department of Human Resources, Division of Aging Services
The Facts About Financial Powers of Attorney
Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
Veterans' Survivors' Benefits
The death of a family member can raise many legal issues, particularly if your loved one served in the military. If your spouse, parent, or child was a veteran, you might be eligible for benefits from the Department of Veterans Affairs (VA).
There are three main types of benefits that may be available to survivors of veterans. Survivors may be able to get dependency and indemnity compensation, death pension benefits, and burial benefits.
By: Atlanta Legal Aid Society
Alternatives to Guardianship - With Advance Directives When a person is sick or preparing for a future stay in the hospital, there can sometimes be confusion about what the person?s wishes are for his or her own treatment. There might be disagreement among family members about the person's decisions concerning his or her health care. Advance Directives allow an person to make decisions in advance about his or her health care in writing. This lets the person make his own life decisions, lets everyone know what those decisions are, and keeps the family from having to make those decisions for the person after the person is sick. This document explains the different kinds of advance directives, including the Living Will, the Durable Power of Attorney for Health Care and the Do Not Resuscitate Order.
By: Georgia Department of Human Resources, Division of Aging Services
End of Life Planning: DO NOT RESUSCITATE ORDER
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a ?No Code.? The law in Georgia is very specific and there are circumstances when regardless of a person?s wishes, that order cannot be carried out in the person?s current location.
By: Georgia Department of Human Resources, Division of Aging Services
Guardianships of Adults
(Separate Website)
The personal right to make decisions about living one's own life is taken for granted by most adults. Yet, inevitably, illness or disability may render some adults incapacitated during the course of their lives and thereby prevent them from making responsible decisions concerning their life or property. Guardianship is one means of substituting the judgment of another person for that of an incapacitated individual. Guardianship is a legal relationship created by a court when the Judge appoints someone (a Guardian) to make decisions for another person who has been proven to be incapacitated (a Ward). This document explains more about rights relating to guardianship and the process for the appointment of a guardian.
This information was originally prepared as a public service by The Hon. William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia.
By: Bibb and Clarke County Probate Courts
Temporary Health Care Placement Decisionmakers: when you need to move from hospital to nursing home
The legislature recognizes that there may be times when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health care facility or placement. When those times arise, it may be necessary and in the adult's best interest to be admitted to or discharged from one health care facility or placement or transferred to an alternative facility or placement.
By: Georgia Department of Human Resources, Division of Aging Services
The Facts About Financial Powers of Attorney
Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
The Georgia Statutory Financial Power of Attorney During the 1995 Georgia General Assembly, the Legislature voted to establish within the Official Code of Georgia Annotated, at ' 10-6-140, a statutory form for the Financial Power of Attorney. The form that is set out in the statute may be used to create a Financial Power of Attorney. This form is merely a suggestion and is not the only form permitted to create a Financial Power of Attorney.
The information attached includes an explanation of the Financial Power of Attorney, cautionary language to those considering giving someone power over their financial affairs and instructions for completing the statutory form. Finally, attached is a copy of the form substantially the same as the form which appears in the Official Code of Georgia Annotated.
By: Georgia Department of Human Resources, Division of Aging Services
What if I'm Already the Trustee of a Qualified Income Trust, What Do I Do Every Month?
If you have already been named Trustee of a QIT, it is most important that you manage the deposit of money into and withdrawal of money out of the QIT properly so that the nursing home resident will continue to be eligible to receive Nursing Home Medicaid. If the Trustee fails to properly handle the QIT, this may result in the termination of Medicaid benefits for the resident, as well as an obligation to repay the program for payments made on the resident?s behalf those months that the QIT was improperly managed.
By: Atlanta Legal Aid Society
What is Elder Abuse?
Elder abuse affects people of all backgrounds without regard for social status, income, sex, or race. Four to ten percent of elders will be a victim of abuse. Elder abuse is grossly underreported and investigated. Victims are often ashamed and fear reporting their abusers. In addition, victims often do not know where to find help. This brochure is aimed at providing information and resources for victims as well as defining laws pertaining to elder abuse, neglect, and exploitation.
By: Atlanta Legal Aid Society
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