If a loved one is unable to care for themself, you may wish to consider a Guardianship. A guardianship 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. This is a very serious role and can be extremely difficult to obtain as you will need to prove to a court of law that your loved one is incapable of making decisions for themselves. Not decisions you just happen to disagree with.
If you are considering taking on this role, let a Georgia Guardianship lawyer at our firm help you handle the difficult legal aspects. Speak with our compassionate attorneys at Nelson Elder Care Law today.
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 but this must be proven to a court and judge.
In both Conservatorships and Guardianships, a person loses their legal right to make important decisions about their own life. This is does not include them making poor decisions but the inability to make decisions which must be proven to a court of law. While a Guardianship deals with all of a ward’s basic necessities, Conservatorship is limited to the management of their property and finances.
A knowledgeable attorney at our firm can further explain the extent of a Conservator’s responsibilities. Although a Conservator is limited to financial decisions on behalf of their ward, that person may also serve as a Guardian. Before seeking either a Conservatorship, Guardianship, or both, consult a lawyer to learn what is involved.
Every situation is different, and the courts will appoint Guardianship on a case-by-case basis. 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.
A Guardian is responsible for doing whatever is necessary to adequately provide for the ward’s care, support, health, welfare, and education. This could include:
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 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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