Atlanta, GA Guardianship and Conservatorship Attorneys

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.

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Obtain Legal Guidance When Seeking a Guardianship or Conservatorship

The attorneys at Estate Attorneys of Atlanta 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 Estate Attorneys of Atlanta, today for an initial consultation.

Understanding the Benefits of Guardianship and/or Conservatorship

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.

Guardianship for Minors

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:

• Natural – By state law, each biological parent is considered the natural guardian of a minor child.
• Testamentary – Parents are able to nominate a testamentary guardian and/or conservator for their underage children in their will. Upon probate, a letter of the guardianship or conservatorship will be given to the nominated individual as long as it is not contested for a valid reason.
• Standby – In the event that a doctor or other medical professional has determined that the child’s parent or guardian is not able to adequately care for the child as a result of a mental, physical, or other health condition, a new standby guardian can be appointed. It should be noted that the new appointment does not relieve the parent of his or her duty to financially provide for the minor. In a majority of cases, standby guardianships are effective for a total of 120 days unless they are revoked by the designated person.
• Temporary – When a person has the physical custody of a child, he or she may file for a temporary guardianship of the minor. This, however, does not permanently terminate the parents’ rights. Instead, temporary guardianship will grant the petitioner the rights of a natural guardian for sixty (60) days in the state of Georgia. Temporary guardianships will be terminated on the day of expiration and there is no way to extend it, so a Permanent must be filed immediately in order to avoid a gap in authority.
• Permanent – Permanent guardianships can be appointed for minors who have no living parents, when the biological parents have failed to properly care for the minor, or when there is no objection from the parents. A permanent guardianship is not the same as a legal custody, as these are only granted by superior and juvenile courts in the State of Georgia. The guardianship automatically terminates when the minor has reached adulthood, has been adopted, has become emancipated, has passed away, or the court has terminated the guardianship.

Guardianship for an Adult

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.

Conservatorship for a Minor

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.

Conservatorship for an Adult

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.

Consult the Legal Advice of a Knowledgeable Law Firm

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 Estate Attorneys of Atlanta 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 Estate Attorneys of Atlanta for more information.