The process of getting a guardianship or conservatorship in a Georgia probate court involves filing a petition with the probate court where the prospective ward resides. A hearing will decide whether conservatorship or guardianship is granted by the court.
For Georgia families, guardianship or conservatorship is often necessary when they have no durable powers of attorney and can no longer legally make decisions for themselves. However, the process is complicated, and families are wise to seek help from an elder law attorney.
Our legal team has served hundreds of Georgia families and helped them through the difficult challenges that come with age. Call to schedule your Legacy Planning Meeting and find out how our estate planning lawyers in Marietta can help.
Why Do You Need Guardianship or Conservatorship?
Guardianships and conservatorships legally grant another person the authority to make decisions for someone who is not able to do so themselves. For older people, this is often needed when they become ill, such as when impacted by a disease such as Alzheimer’s.
If a person does not have a durable financial power of attorney and an Advance Directive for Healthcare, which they created before they became incapacitated, a guardianship or conservatorship may be necessary.
Without these legal appointments, your family may need to rely on caregivers or another court-appointed guardian/conservator to make health and financial decisions for your loved one. Our team can help you take legal steps to protect your family’s rights.
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Guardianship Vs. ConservatorshipIt’s important to understand the difference between guardianship vs. conservatorship in Georgia and the legal responsibility that comes with each. Depending on the circumstances, it may be necessary to petition the court for one or both.
- A guardianship gives another person the legal authority to make decisions regarding the health and well-being of another person, who is known as the ward.
- A conservatorship applies to financial decision-making when another person can no longer make choices for themselves.
The same person can be both guardian and conservator, or the roles can be split between responsible parties. Our attorneys can help facilitate discussion between family members to come up with a plan that works best for everyone, especially the proposed ward.
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Filing a Petition With the Probate Court
Any interested person over the age of 18 who is not themselves a ward may file a petition for guardianship or conservatorship. Georgia law requires two petitioners to sign under oath, or one petitioner and a medical professional who examined the proposed ward over the past 15 days.
You must file your petition with the Probate Court in the county where the proposed ward resides. The court will review the petition and, if it finds probable cause for intervention, it will notify the proposed ward and family. The proposed ward has the right to legal counsel.
Evaluation of Capacity and Hearing in Probate Court
The next step involves an evaluation of the proposed ward’s capacity. The Probate Court reviews medical, psychological, or professional assessments that describe the individual’s ability to make legal decisions.
The court then schedules a hearing where the proposed ward has the right to legal representation. Witnesses such as medical professionals or family members may testify. The judge hears all sides and considers whether the proposed ward lacks sufficient decision-making capacity.
Court Decision and Appointment
After reviewing evidence and hearing testimony, the Georgia Probate Court issues a decision. If the court finds clear and convincing evidence that the individual lacks capacity, it may appoint a guardian, a conservator, or both.
While any interested party can file for conservatorship or guardianship, the Probate Court follows a specific order when making appointments. It will seek to appoint the most suitable person, often a family member, but may appoint a neutral third party if necessary.
If you are appointed, the order will specify your authority and any restrictions. You must take an oath and might need to post a bond. Ongoing court supervision ensures the ward’s rights and best interests are protected.
Get Help With Guardianship and Conservatorship
The process for getting guardianship or conservatorship in a Georgia probate court is complicated but important. Once complete, it gives you the ability to make decisions on behalf of and in the best interest of your loved one when they are sick or incapacitated.
However, it must be done correctly. One mistake can delay the procedures and cost you time and money. Like most complicated legal issues, it is smart to consult with a lawyer. Our estate planning lawyers can help you with guardianships, conservatorships, and other issues.
For over a decade, our team at Nelson Elder Care Law has helped families understand the guardianship and conservatorship legal procedures in Georgia. Call today to schedule your Legacy Meeting to tell us about the challenges you and your family are facing.
