Becoming a Guardian in Georgia

There are many reasons why an adult may require a Guardian. Perhaps an accident has occurred that has left them with limited functionality, or a disease has progressed to the point where they are no longer able to care for their own needs.

If you are interested in becoming a Guardian in Georgia, our seasoned attorneys at Nelson Elder Care Law can guide you through the process. We can assist you with proving to a court why your appointment to this role is necessary and demonstrating your worthiness to serve as a Guardian.

Evaluating Your Loved One’s Ability to Care for their Own Needs

A core concept in the law states that every adult has the sole ability to make decisions concerning their present and future. Sadly, medical conditions can arise that make this difficult, if not impossible. If this occurs, concerned friends or family members may determine that a Guardian is necessary to care for the well-being of their loved one.

While a court has the final say as to whether a Guardian/ward relationship is appropriate, the burden lies on the potential Guardian to prove the necessity of this arrangement. This will include getting medical records and a formal evaluation from a medical professional or a social worker to determine your loved one’s need for Guardianship. Our Georgia attorneys can take the lead in obtaining the evidence necessary to help you become your loved one’s Guardian.

Submitting a Formal Request for Guardianship to a Georgia Court

Family courts have the sole authority to create a Guardian/ward relationship. To begin the process, you must submit a formal request to the court. This includes following the protocols established by the Official Code of Georgia Annotated § 29-4-10. The petition itself must include information about the potential ward, such as the medical records and reports referenced above. In addition, you must also demonstrate that you are suitable for the role by establishing your relationship to your loved one, your ability to care for your loved one’s needs, and your familiarity with your loved one’s current living conditions.

Finally, court sessions allow other potentially concerned people to have their voices heard about the potential arrangement. Importantly, you must inform all family members about the coming court session, and they have the right to object to or support the appointment of a Guardian.

A Georgia Attorney Could Provide More Information About Becoming a Guardian

The process behind becoming a Guardian in Georgia requires strict adherence to the law. Prior to submitting a formal petition to the court, it is necessary to evaluate your loved one’s current condition. This includes obtaining reports from doctors and social workers. At the same time, you must be sure that you understand your obligations under the law and your ability to serve in this role.

Once these steps are complete, you can file a formal petition with the court. This must include allowing other interested parties to be heard on the matter. If the court accepts that your loved one needs a Guardian and that you are the best person to serve in this role, it will empower you to take control of your loved one’s needs and life. Call Nelson Elder Care Law to learn more.

Hear From Our Clients

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben