Guardianship for an aging parent is necessary in Georgia when they no longer have the capacity to make or communicate decisions regarding their health and safety for themselves. This is often the result of a disease that causes a cognitive decline.
Guardianship is not necessary when an older person has an Advance Directive for Healthcare. In the absence of this document that appoints a healthcare agent, the family may need to pursue guardianship.
Our estate planning lawyers in Marietta have served hundreds of Georgia families. We can help you through the process of petitioning the court for guardianship for your aging parent.
The first step to get started is our free Legacy Planning Meeting. Call today to schedule your free Legacy Planning Meeting to talk about your goals and challenges.
When Is Guardianship Necessary in Georgia?
Guardianship is necessary when an individual lacks the legal capacity to make responsible decisions about their personal care, health, or safety. This often applies to minors with disabilities, whose parents are deceased or unable to care for them, or to adults with significant impairments.
In the context of an aging parent, family members often seek guardianship after the onset of a disease that results in the loss of cognitive function. A court must determine that the person needs protection and cannot make or communicate informed decisions.
Guardianship is a serious legal step because it removes certain rights from the aging parent, effectively putting their care decisions in the hands of another person.
Georgia courts usually require clear evidence that less restrictive alternatives are not sufficient. Georgia courts conduct a thorough investigation prior to taking away a person’s rights.
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When Is Conservatorship Necessary?A guardianship covers your aging parent’s healthcare decisions and some minor financial decision-making responsibilities. You will have the legal authority to make choices for the medical and personal needs on their behalf and in their best interests.
A conservatorship is separate from guardianship and focuses on managing your parent’s financial affairs rather than personal decisions. You should consider filing for conservatorship if they are unable to handle money, pay bills, or protect their assets from misuse and scams.
When an older person declines mentally, and there are no powers of attorney in place, often both a guardianship and a conservatorship are necessary. The same family member may handle both roles, or there could be different stewards for guardianship and conservatorship.
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How Do You File for Guardianship In Georgia?
To file for guardianship in Georgia, you must follow specific legal steps. Our estate planning lawyers can help you with the process and make sure you stay on track. We want what is best for you and your parents. You must:
- Confirm the individual cannot safely make personal decisions and that no less restrictive alternatives are adequate.
- Submit a petition to the probate court in the county where the proposed ward lives.
- Include required medical or professional documentation.
- The court then assigns an evaluator and an attorney to represent your parent.
- In addition, the court notifies the proposed ward and close relatives, who have the right to respond.
- A judge reviews the evidence and hears testimony before making a decision.
- If granted, the court appoints the guardian and issues Letters of Guardianship.
As the court-appointed guardian, you must always act in the ward’s best interest and comply with court oversight requirements. You must prioritize the ward’s well-being, seek approval for major decisions affecting the ward, and manage finances responsibly at all times.
How Can You Avoid the Need for Guardianship?
Proper estate planning can sometimes make guardianship unnecessary in Georgia. Having decision-making documents in place can help families avoid court involvement when an aging parent can no longer speak for themselves.
An Advance Directive for Healthcare includes a Healthcare Power of Attorney that appoints an agent who can make decisions on behalf of your aging parent. However, your parents may not legally create a Power of Attorney document once they are deemed unable to make decisions for themselves.
This is one reason estate planning is so important, and it is smart to reach out to an elder law attorney long before disaster strikes. We can make sure your family covers all the bases so you aren’t scrambling for answers if an aging parent suddenly declines.
Get Help With Guardianship In Georgia
It may be necessary to petition the probate court for guardianship of an aging parent if they can no longer make sound decisions for themselves. It is a serious and involved legal process in Georgia, and it’s smart to seek advice from an elder law attorney before moving forward.
Guardianship isn’t necessary if your parent has a valid healthcare agent named in an Advance Directive for Healthcare. In the absence of an Advanced Directive for Healthcare, obtaining legal guardianship makes sure you are involved in their decision-making.
For more than a decade, our team at Nelson Elder Care Law has advocated for older Georgians and their families. Take the first step, call today to schedule your free Legacy Planning Meeting and find out how we can help with guardianship for your aging parent.
