If your loved one’s physical or mental health leaves them unable to make decisions on their own behalf, it may be time to consider a Guardianship. A Guardianship is a legal order that grants you the sole authority to make important decisions concerning your loved one’s life, including healthcare, housing, and day to day needs. Since Guardianship grants you significant power over another’s wellbeing, you are required to prove to the court that your loved one lacks the capacity to care for him or herself.
A Marietta Guardianship lawyer at our firm can help. Our attorneys at Nelson Elder Care Law can explain the role of a Guardian and determine if it the right fit for your family. If it is, we can assist you in handling this complex legal process.
Georgia has intentionally made it challenging to obtain Guardianship since it grants people so much power over a loved one. However, if it is the right decision for your loved one, it is very possible to achieve.
As a general rule, the Official Code of Georgia § 29-4-1 says that a court may only grant a Guardianship order if it believes that your loved one lacks the ability to make decisions concerning their own health or safety. It is important to understand that this is different than someone simply making bad decisions. Our local attorneys can help you prove to the court that Guardianship is in the best interest of your loved one.
In addition, O.C.G.A. § 29-4-10 requires that a petition for Guardianship include a statement concerning your loved one’s incapacity with two signatures. Another option is to get a written statement from a doctor or social worker who can testify as to the incapacity of your loved one.
A Guardian has the power to make decisions concerning their loved one’s medical care, financial transactions, and obtaining a place to live, among other basic needs. All Guardians must act as a fiduciary to their ward. This means that you must exercise reasonable care to protect your loved one and their property.
Additionally, if a court believes that a Guardian has not fulfilled their obligations under the law, it may revoke the Guardian’s powers. Our attorneys in Marietta can provide more information about the powers and duties of guardians.
If your loved one has become unable to care for their own affairs or wellbeing, you can ask the court to grant a Guardianship. However, it is important to understand that Guardianship is reserved as a last resort, so you should consider speaking with a trustworthy attorney before beginning this process.
A Marietta Guardianship lawyer at our firm is prepared to help answer your questions and help you decide whether this is the right option for you. Nelson Elder Care Law can then help you through this process or help you find a solution that better fits your needs. Call us today to get started.
