Wills, inheritance, guardianship and support in the face of a serious diagnosis: which document, and when
People come to this page on their hardest days: when the doctor has said what they said, and the family wants at least one thing besides the treatment to be in order. We do not rush this conversation or make it harder for you. An Advocat.Ge lawyer comes to your home or the hospital ward, asks one question - can the patient make decisions right now - and from the answer chooses which document protects the family now: a power of attorney and a will, court-ordered support, a guardian for the children or, once the person has died, accepting the inheritance before the deadline.
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Advocat.Ge lawyersMembers of the Bar Association, legally bound by professional secrecy
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Visits at home and on the wardThe lawyer and the notary go to the patient, not the other way round
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The content is not disclosed even to the familyWhat the will says is known to the testator, the lawyer and the notary
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All costs on one sheet in advanceLawyer, notary, expert examination and court fee listed separately, before the case begins
One question, four routes: which instrument at which moment
The law gives the family four different instruments, and confusing them is the most common mistake. There is one dividing line: can the patient make decisions at this moment?
| Situation | Instrument | When it takes effect | Who formalises it |
|---|---|---|---|
| The patient makes decisions; treatment is ongoing | Notarised power of attorney with precise powers | On signature, while the patient is alive and does not revoke it | A notary, using a text drafted by the lawyer |
| The patient makes decisions and wants to decide what happens to their property | A will in notarial form or a form equivalent to it | Only after death; changes nothing during their lifetime | A notary or, in hospital, an authorised doctor |
| An adult patient can no longer make decisions | Recognition as a recipient of support and appointment of a supporter | From the date the court decision takes effect | The court, on the basis of an expert opinion, on a claim filed by the lawyer |
| Children are left without a parent | A guardian under age 7, a custodian from 7 to 18 | From the authority's decision, taking into account the person named in the parent's will | Guardianship and custodianship authority |
| The person has died | Application to accept the inheritance | Application within six months of the death; the right from registration | A notary, then the Public Registry |
The first two rows are drawn up in one visit and often make two of the remaining three unnecessary. That is why, while the patient can still make decisions, time is the most precious resource, not money.
How the lawyer visits the ward and what happens there
What families worry about most is that this conversation might hurt the patient. That is why we hold the visit at the patient's pace and only with their consent.
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The call and consent
The lawyer first speaks to the person who contacted us and then, if the patient agrees, to the patient. No document is drawn up without the patient's will, and a family member cannot order a will on their behalf.
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A face-to-face conversation
The lawyer stays alone with the patient: this is not distrust of the family but a legal requirement that the will be expressed freely. We ask the attending doctor at what times of day the patient is most lucid and whether, given strong medication, a doctor's note on their awareness is needed.
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The text and the notary
The lawyer drafts the text and reads it to the patient word for word. The notary comes out to the patient or, if that is impossible, an equivalent form provided for by law is used. We arrange the visit so the family does not have to make these calls.
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Safekeeping and the next step
The original stays with the patient or a person they name, and the notary keeps their own copy. The lawyer leaves written notes on what must be done next and by when, so that the family misses nothing during difficult days.
Four services in this area
Each has its own page with the details of the law, the timescales and the questions families most often ask a lawyer.
- Wills and succession in the face of a serious diagnosis Forms of will, capacity while on medication, the compulsory share, inheriting debts and naming a guardian for children.
- Guardianship and recognition as a recipient of support Who makes decisions when the patient no longer can: the court route for an adult, a guardian and custodian for children.
- Court recognition as a recipient of support The claim, the expert examination, the hearing and registration step by step, with a lawyer representing you.
- Accepting an inheritance The application to the notary within six months, the documents, registration and what happens when the deadline has passed.
What the lawyer does, what we do and what nobody does
- The lawyer: the conversation with the patient, drafting the text, the claim and representation in court, dealings with the notary and the guardianship authority. Everything that is legal work is in the hands of the Advocat.Ge lawyer and protected by professional secrecy.
- Solidaroba.ge: the first call, arranging visits with the clinic and the notary, collecting documents from public bodies, translation and apostille if an heir is abroad, and courier. The lawyer does not share the substance of the case with us.
- Nobody: nobody writes a will on the patient's behalf, nobody certifies a document if the patient cannot express their will, and nobody promises the family a court outcome. These are the limits set by law, and they are exactly what protects a will from being declared invalid.
Frequently asked questions about wills and guardianship
Who provides the legal service: Solidaroba.ge or a lawyer?
A lawyer. The text of the will, the court claim, the wording of the power of attorney and representation in court are handled by lawyers of our partner law firm Advocat.Ge, who are members of the Georgian Bar Association and are legally bound by professional secrecy. Solidaroba.ge handles the organisational side: the first conversation, collecting documents, arranging the notary's and the lawyer's visit at home or in the clinic, translation and courier. What you tell the lawyer is closed to us too: the lawyer does not share the details of the case with us, and the content of the will is not disclosed to other family members unless the testator asks for it.
Which document do I need first: a will, a power of attorney or a court?
It depends on one question: can the patient make a decision at this moment and express it? If so, two documents are drawn up in one visit: a power of attorney, which takes effect now and determines who manages the account, pays the clinic and collects documents, and a will, which takes effect after death. Nothing replaces these two, and they save months in court. If the patient can no longer make decisions, neither a power of attorney nor a will is possible, and the court route remains: recognition as a recipient of support and the appointment of a supporter on the basis of an expert opinion. If there are minor children in the family, naming a guardian in the parent's will is a separate and most important step. At the first conversation the lawyer asks exactly this question and chooses the route from there.
How long does each procedure take?
A power of attorney and a will are the quickest: the text is ready in a day or two, certification follows the notary's schedule, and a visit to the clinic or home is usually arranged within a few days, faster in an emergency. The law sets a six-month period from the death for accepting an inheritance; the application to the notary takes one visit, while the certificate is issued and the right registered after that period has passed and the documents are complete. The court route takes longest: recognition as a recipient of support requires a claim, a forensic psychiatric examination and a hearing, which takes from several weeks to several months depending on the case. The appointment of a guardian or custodian is considered by the guardianship and custodianship authority, and the timescale depends on the child's situation and the vetting of the candidate. The lawyer gives exact timescales for a specific case, not this page.
What does it cost, and who pays the notary, the expert examination and the court?
There are three separate costs, and we set only one of them. The lawyer's fee is agreed in advance, in writing, according to the complexity of the case, after the first conversation, which is free; a will and a power of attorney are done for a fixed fee, a court case in stages. The notary's services have a tariff set by law, a visit is charged separately, and that amount goes to the notary, not to us. The court fee and the cost of the expert examination follow the tariff of the state or the expert bureau and are confirmed by a receipt. You receive the total of all three in writing before the case begins, so the family knows what the whole process will cost. If the family finds the fee hard to pay, the lawyer takes this into account at the first conversation and offers payment in stages or the Legal Aid Service route.
What often comes with these documents
- Power of attorney remotely When the family member who needs to act is abroad and cannot travel.
- Financial mediation A campaign and a loan whose accounts become part of the power of attorney and the inheritance.
- Translation of legal documents A will and a certificate of inheritance for a foreign bank or registry, when the property or an heir is abroad.
One conversation today saves the family months of dispute
Write a few words about what concerns you. The lawyer will call you personally, free and in confidence, and tell you which document comes first and how much time you have.