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Terry Garrett is a Certified Elder and Special Needs Law Attorney and a Texas Approved Guardianship Attorney. She advises people in Central Texas who are preparing for and enjoying their retirement years and people with special needs and their families. Her clients range from couples who are just starting out and people who want to stay in charge during retirement to families with multinational businesses. Having worked and studied in Asia for many years, she also enjoys advising on transnational planning. Terry Garrett graduated with honors from Cornell University. She was on the Dean's List at Wharton Business School. She earned her J.D. at Columbia Law School, receiving the Parker Award and a Melon Fellowship. She attended the Harvard Law School Negotiation Program and earned every certificate offered by the New York Institute of Finance. She is active in the Texas and Austin Bar Associations and a member of the National Academy of Elder Law Attorneys. She is appointed by Central Texas courts in heirship and guardianship proceedings. She handles pro bono cases for Volunteer Legal Services, the Austin Bar Association and the Women's Resource Fair. Mother of a child with special needs, she also teaches for the National Alliance on Mental Illness. Over the years she has volunteered for the Council on Adoptable Children, the AFS foreign exchange student program, Cornell Cares, Hands on Housing and as an officer of the Harmony PTO.
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Elder Law
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Special Needs Planning
- Zoom
- Credit Cards Accepted
- New York
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- Texas
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- Chinese: Spoken
- English: Spoken, Written
- Japanese: Spoken
- The Garrett Law Firm, PLLC
- Current
- Columbia University
- J.D. (1983) | law
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- Honors: Parker Award, Mellon Fellowship
- Activities: President, International Law Society; International Law Review, Environmental Law Review; Chinese and Japanese law study groups
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- Top Elder Lawyer
- Austin Monthly
- National Academy of Elder Law Attorneys
- Current
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- National Guardianship Association
- Current
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- Texas State Bar  # 24048146
- Member
- - Current
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- Austin Bar Association
- - Current
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- Illegal Skilled Nursing Facility Discharges: Appealing Medicare Notice of Nonpayment
- Texas Elder Law Flash
- Noncitizens and Public Benefits, 2020 UT Special Needs Trust Conference, Austin, Texas
- University of Texas School of Law
- Approved Guardianship Attorney
- State Bar of Texas
- Q. An elderly friend is being kept in a rehabilitation facility against her will. Who can help?
- A: Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot communicate. Your friend might want to call Adult Protective Services (though completing the online form is faster) and contact an elder lawyer. She can find one near her on the website of the National Academy of Elder Law Attorneys (www.naela.org).
- Q. Is there recourse if a trustee tells a beneficiary they aren't in the will when in fact they are?
- A: The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor is required to send notice to beneficiaries under the Will and to report having done so to the Court. There are exceptions for beneficiaries who will receive less than a certain amount, who will receive their gifts under the Will within six months, who have made an appearance, etc. If you find that you do not fall within one of these exceptions yet have not been notified, your best course of action ... Read More
- Q. As a surviving child...how can I be deemed tbe executor of my fathers estate?
- A: If your father had a Will in which he named you executor, present that to the local probate court. If not, file an Application for Determination of Heirship and Issuance of Letters of Administration. Hire a local probate lawyer to help you.
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