If your loved one is unable to care for him or herself, you may wish to consider a Guardianship. This allows you to make important personal life decisions on another person’s behalf and ensure that they are cared for.
Becoming a Guardian can be a confusing process without help from an experienced attorney. If you are considering taking on this role, let a Georgia Guardianship lawyer at our firm help you handle the difficult legal aspects.
Simply put, a Guardianship is a legal arrangement that allows you to oversee another person’s basic needs, such as housing, food, and healthcare. A court can appoint a Guardian to make decisions on behalf of someone who is legally incapacitated. As a Guardian, you can also protect your loved one from being taken advantage of, since they may be vulnerable to fraud or other forms of elder .
Every situation is different, and the courts will appoint Guardianship on a case-by-case basis. Ultimately, You may wish to consider this legal option if your loved one is no longer able to manage their own affairs.
However, It is important to remember that Guardianship is a last resort. You are essentially petitioning a court to remove someone’s constitutional rights. People can suffer from a variety of disabilities and remain capable of caring for themselves. There is a major difference between lacking capacity and simply making bad decisions. A person that makes poor choices but understands their consequences will not qualify for Guardianship.
Because there are specific legal requirements for Guardianship in Georgia, you should discuss your situation with one of our knowledgeable attorneys before pursuing this option.
Ultimately, the court will determine if you are fit to serve as a Guardian. Typically, Georgia courts will select people who have a personal connection with the incapacitated individual. Although there are no formal rules on who may serve as a Guardian, this role is usually filled by a family member (such as a parent, child, or sibling), a friend, or a neighbor.
In some cases, a Guardianship may be necessary for an incapacitated person who does not have any immediate family. When there is no one able or willing to serve as a Guardian, the government may appoint a person as “County Guardian.”.
If a petition is denied, you must wait a full two years before reapplying. In the world of elder law, a lot can occur in two years causing even more issues than originally planned for.
If you wish to serve as a Guardian, you should consult a skilled attorney on the likelihood of court approval in your case. A Guardianship lawyer at our firm can educate you on the application process and help you complete the necessary legal steps.
Becoming a Guardian is a huge decision. This powerful legal tool comes with significant responsibilities, and it is important to discuss all other options with seasoned legal counsel before pursuing this arrangement.
If a Guardianship is the right choice for you and your loved one, a skilled attorney at Nelson Elder Care Law can help you file your petition and walk you through the legal processes. Before taking any action, call a Georgia Guardianship lawyer to evaluate your situation. Our legal team is ready to help you find a solution that best fits your needs.
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