When a person seeks to become the guardian or conservator of another, the court grants him or her the ability to make decisions on behalf of the minor or incapacitated individual. Petitioning to become a guardian or conservator in Georgia is often times a complex matter, and it is essential to seek the legal representation of a skilled Atlanta guardian & conservator attorney by contacting our firm today online, or at (404) 584-5555 for a consultation as soon as possible.
The attorneys at Atlanta Estate Attorneys are dedicated to helping their clients establish a guardianship or conservatorship for a loved one who can no longer care for his or herself. The process to obtain a guardianship or conservatorship is far more than a legal process, it is a matter that can affect a person’s entire life. When considering a guardianship or conservatorship, obtain the legal support of a law firm who has the right experience. Consider contacting the legal advice of the skilled attorneys at Atlanta Estate Attorneys, today for an initial consultation.
A guardianship is typically granted to those who seek the legal custody or decision making capability for a person who is incapacitated or a minor child. Once granted guardianship, the person will be responsible for ensuring that the incapacitated individual or minor child, also known as a ward, is receiving proper medical care, has a place to live, and is properly receiving all the necessities for their everyday daily living.
Interested parties can seek a guardianship appointment by appointing his or herself or by appointing another person. A judge will then make a final determination if this individual has the capacity to serve as a guardian.
A conservatorship generally grants control over the financial matters of an incapacitated person or minor. This can include the ability to pay and file their taxes, take care of their investments, pay their bills, purchase necessities and determine their budget. Conservators solely have legal authority over the assets and financial affairs of the ward.
The State of Georgia has identified minors as anyone who is under the age of 18 and is not otherwise an emancipated minor. The state law has identified the following categories of guardians for minors:
Under Georgia law, adults are those who are over the age of 18 or are otherwise emancipated minors. Guardians can be appointed when there is evidence that the adult does not have the sufficient capacity to make responsible decisions with regard to his or her health and safety.
It is important to note that the issue of whether a guardian is needed will not depend on whether the ward has mismanaged his or her personal affairs, rather, whether he or she lacks the capacity properly to manage his or her affairs.
Conservatorships may be required in the event that a minor has inherited money or property that is not in a trust or is not under the management of a testamentary conservator. This can happen when the minor has been awarded damages in a personal injury lawsuit or has been named a beneficiary of another’s life insurance policy.
Any interested party can seek appointment in the probate court of the county where the minor resides in or where the proposed individual resides in.
Under Georgia law, adults are those who are over the age of 18 or are otherwise emancipated minors. A Conservator can be appointed when there is evidence that the adult does not have the sufficient capacity to make responsible decisions with regard to his or her financial affairs.
It is important to note that the issue of whether a conservator is needed will not depend on whether the ward has made bad decisions concerning his or her person, but rather, whether he or she lacks the sufficient capacity properly to manage his or her affairs.
In the State of Georgia, the process to become a guardian or conservator is a complex and often times stressful process. Before filing, it is important to understand the process and make a determination of which legal option is best for your specific case. Speak to a well-established law firm who can guide you through the process.
We at Atlanta Estate Attorneys an assist many in making a determination of which type of petition they should file for when it comes to guardianships and conservatorships. This firm understands how to adequately prepare the petition and have also represented many clients in court. When considering a guardianship or conservatorship, speak to a law firm you can depend on. Contact the Atlanta Estate Attorneys for more information.