Georgia Conservatorship Lawyer

Appointing a Conservator in Georgia

In Georgia, only a state probate court has the power to appoint a conservator. The court must determine that the adult does not have the capacity to make important decisions about their own finances or property. A conservatorship may also be appropriate for adults who are unable to communicate their financial decisions.

There are multiple steps in establishing a conservatorship in Georgia. It can be a complex undertaking, but Nelson Elder Care Law attorneys can help guide you through it. During our free consultation, we will go through the steps in detail.

Step 1: Petition for Conservatorship

The first step in creating a conservatorship is filing a legal document known as a petition. A conservatorship petition requires two people to file, and both individuals must attest that the proposed ward is unable to make their own financial decisions. If you are the only person filing a petition, you must include a written statement from a medical professional who recently observed the proposed ward. There are specific requirements for this medical statement, which a skilled lawyer at our firm can explain.

Your petition must also contain enough evidence of incapacitation to convince the court that the person is incapable of making their own financial decisions. The court may also get a licensed physician or social worker to observe the proposed ward to determine if a conservatorship is truly necessary.

If a petition is denied, you must wait a full two years before reapplying. This is why it’s vital to make sure your petition is filed properly.

Step 2: Conservatorship Hearing

Once you file your petition, the court will set a date for a hearing. At the hearing, the court will ask you and your lawyer questions about your request for conservatorship. If the court is convinced that this arrangement is necessary, they will issue the formal documentation that you need to act on behalf of your ward.

Step 3: Conservator Requirements

Being appointed is not the end of the conservatorship process. As a conservator, you must regularly update the court on why the arrangement is still necessary. For instance, you must file an asset report in the first 60 days after your appointment. This report includes a full list of the ward’s available assets, as well as your plan for the ward’s property.

Additionally, you must complete this report every year and submit it within 60 days of the anniversary of your appointment. Our attorneys can help you complete these documents. To learn more about the conservatorship process, please call Nelson Elder Care Law for a free consultation.