A conservator is a person appointed by a probate court to manage money and property for an adult who cannot do so safely on their own. The issue often comes up after the onset of dementia, a stroke, or an accident that results in traumatic brain injury.
When there is no durable financial power of attorney in place, these events can leave families scrambling for answers. In Georgia, a conservatorship may be the legal tool that allows someone to step in and protect the injured or sick person’s financial interests.
If you are in a situation where you believe a conservatorship may be necessary for a loved one, our guardianship/conservatorship lawyers in Woodstock may be able to help. Our team has served hundreds of Georgia families. Call to schedule your free Legacy Planning Meeting.
When Is a Conservator Needed?
When an adult can no longer manage financial matters safely on their own, a conservatorship may be necessary. That could mean they cannot pay bills, review accounts, understand scams, or make sound choices about property and money, and require help.
In Georgia, the need for a conservator often comes up when there is no valid financial power of attorney document. If no one has legal authority to act, family members may be stuck without a way to access their loved one’s account and pay for necessities on their behalf.
A conservatorship can also be needed if an existing power of attorney document is missing or no longer workable. Sometimes the document was never signed, or it does not cover the problem at hand. Without a financial power of attorney in effect, families are left with few options.
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What Are a Conservator’s Responsibilities?A conservator manages the financial side of life for the protected adult. The exact scope of their duties can depend on the court’s order and the facts of the case. Some matters may remain with the adult if they can make certain decisions without difficulty.
In other cases, broader financial management may be needed because the risks are more serious. Usually, duties include things like paying routine bills and handling income. It can also include protecting savings, dealing with real estate, and responding to financial challenges.
The conservator does not simply take over everything without limits. In Georgia, the court places duties on the conservator and may require reporting. The conservator is expected to act for the benefit of the adult at all times, and never for their own personal gain.
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How Is a Conservator Different From a Guardian?
A conservator handles money and property. A guardian handles personal decisions. Those personal decisions may involve living arrangements, medical care, and day-to-day well-being. Guardianship is sometimes necessary in the absence of a Georgia Advance Directive for Healthcare.
This distinction matters for families who are trying to solve a practical problem. If the main issue is financial decision-making, a conservatorship may be the part that needs attention. If the issue centers on care or medical treatment decisions, guardianship may be needed.
In some cases in Georgia, one person serves in both roles. In others, the court appoints only a conservator or only a guardian, depending on the type of assistance the adult needs and the limitations they face.
How Is a Conservator Appointed in Georgia?
In Georgia, conservatorship cases are usually filed in probate court. The court reviews the petition and looks at the adult’s need for help with financial decisions. Notice requirements and procedures can apply, and the court may appoint an evaluator or other representative.
The court does not grant a conservatorship just because a family member asks for one, and the court does not take these decisions lightly. The judge will look at the evidence and the person’s actual ability to manage finances. The affected adult may contest the court’s decision.
That is one reason families need practical legal help early. The process for getting guardianship or conservatorship in the Georgia probate court can be complicated. A knowledgeable attorney can help present a case in a way that addresses the real financial risks facing the adult.
Get Help With a Conservatorship in Georgia
A conservatorship appoints someone to manage a person’s financial affairs when they can’t do it themselves. It is often essential after a medical emergency, when a financial power of attorney does not exist. A conservatorship can offer a path forward, but it is a court process.
The way to avoid the need for conservatorship is to establish a valid durable power of attorney document long before it is needed. However, if you are already beyond that point, it is important to reach out to an attorney who can walk you through the process of seeking conservatorship.
Nelson Elder Care Law has been helping Georgia families with the legal issues that accompany aging for more than a decade. We can assess the situation and talk through the next step in practical terms. Call today to schedule your free Legacy Planning Meeting.
