A court-appointed guardian is legally responsible for caring for and making decisions for another person who can’t fully care for themselves. The individual whom the guardian oversees is called the ward, and they are often minor children or people with mental disabilities.
However, older adults may require a guardian as well. This often happens after the onset of an illness such as Alzheimer’s Disease or another form of dementia, and when they have no Advance Directive that names a healthcare agent to act on their behalf.
Our estate planning lawyers in Marietta have served hundreds of Georgia families. We can help you understand the guardianship process and take the steps necessary to care for your loved one. Call today to schedule your free Legacy Planning Meeting and discuss your options.
What Is a Guardian?
A guardian is a person legally appointed by a court to make personal, non-financial decisions for someone who cannot fully care for themselves. Older adults sometimes require guardianship when they become sick and do not have the appropriate estate planning documents in place.
A guardian must always act in the ward’s best interest by using the least restrictive options, respecting the ward’s preferences when possible, and encouraging independence. The guardian must avoid conflicts of interest and misuse of authority in all decisions.
In addition to these basic duties, responsibilities of a court-appointed guardian include:
Personal Care and Well Being
The guardian must provide a safe and stable environment by protecting the ward from harm and meeting basic needs. This should include providing or facilitating:
- Food
- Clothing
- Shelter
- Supervision
- Care
The guardian’s decisions should prioritize the ward’s quality of life, dignity, and overall well-being.
Medical and Health Decisions
A court-appointed guardian is responsible for making healthcare decisions on behalf of their ward. This can include admissions into facilities as well as consent to medical, dental, and mental health treatment, as well as the ability to choose doctors and healthcare providers.
Education and Development
In the case of minor wards, a guardian must enroll them in school, ensure regular attendance, and support learning. The guardian makes decisions about special education services when needed to promote the child’s developmental well-being.
Legal Advocacy
The guardian serves as the ward’s legal representative and makes decisions that the ward cannot legally make themselves. They advocate for the ward’s rights and communicate with courts, schools, doctors, and government agencies.
Financial Oversight
In Georgia, a guardian handles personal decisions. Conservators manage finances and property. However, a guardian may manage small amounts of the ward’s money for daily needs and help apply for benefits like SSI or Medicaid.
Court Reporting
Guardians must follow court orders, file required reports, and keep the court informed of major changes in the ward’s health, address, or living situation. Certain actions require court approval. Failure to meet these duties can result in the guardian’s removal.
Secure Your Legacy Today! Schedule a Free Elder Care Consultation with Our Experienced Georgia Attorneys.
How Are Guardians Appointed for Adults?In Georgia, adult guardianship starts when someone files a petition in probate court claiming that an adult cannot make or communicate responsible decisions. The court appoints an evaluator to assess the adult’s mental and physical health.
The proposed ward has the right to notice, legal counsel, and a hearing. The court examines evidence to determine incapacity and whether guardianship is needed. The judge may appoint a full or limited guardian to protect the ward’s rights and well-being.
Take the first step toward peace of mind for you and your family. Call Us Today
Guardianship Types and Terms
You may petition the court for several types of guardianship in Georgia if no advance directive for healthcare exists. The type of guardianship depends on the circumstances and the level of assistance required. Georgia law also emphasizes using the least restrictive option:
- A permanent guardian can make decisions for someone over a long period.
- A temporary guardian only steps in for a short time.
- Sometimes, courts need to act quickly, so they can appoint an emergency guardian until a full hearing is held.
- Limited guardianship only covers certain areas where the ward can’t decide for themselves, leaving them independent in other parts of life.
- Full guardianship is necessary when someone can’t make or communicate responsible choices, and there’s no other way to ensure their protection.
It is important to discuss your options with an attorney who understands guardianships and conservatorships in Georgia.
Let Us Help With Your Court-Appointed Guardianship
Guardians are responsible for making difficult choices for those who lack the legal capacity to choose for themselves. A guardianship is a big responsibility, but it ensures you’re able to protect your loved one and act in ways that are considered in their best interests.
The process of attaining a guardianship is often lengthy and time-consuming. It’s smart to get legal representation to help you understand each step and avoid costly errors. Talk to our team today for guidance on guardianships and conservatorships.
Nelson Elder Care Law has been here for more than a decade to help families through the difficult decisions that often accompany aging.
We believe in treating our clients the way we would want to be treated. Call today to schedule your Legacy Planning Meeting.
