Many people will require the help of others as they advance in age, or if a disease progresses to the point that they can no longer care for their own needs. If you are concerned about your loved one’s abilities to care for their own well-being, you may need to consider seeking Guardianship power.
Guardians have the sole legal authority to obtain a place to live, seek out legal help, and provide for the day-to-day maintenance of their wards. However, obtaining these broad powers requires potential Guardians to prove their loved one needs help and that they are able to fulfill these duties to a court.
As a result, becoming a Guardian in Marietta can be a complicated process. Our compassionate attorneys at Nelson Elder Care Law can help explain this process as well as assist you in obtaining these powers.
As discussed above, only a court may institute an order of Guardianship. In other words, to become a Guardian in Marietta, you must convince the court that the order is necessary for the wellbeing of your loved one. The simplest way to accomplish this is to demonstrate a medically diagnosed mental or physical condition that impacts your loved one’s everyday life.
The most effective way to prove these conditions is to present medical records and reports from doctors and social workers. These reports should include a diagnosis, the impact of that diagnosis on your loved one’s ability to care for their own needs, and an opinion concerning the necessity of a Guardian’s care.
Finally, courts will examine the fitness of the proposed Guardian to serve in that role. This includes the relationship between you and your loved one, whether you may have an ulterior motive for requesting the order, and whether another person might better serve in the role. In some cases, the court may order you to submit a bond to the court to ensure proper adherence to the rules of Guardianship.
If you are interested in becoming a Guardianship in Marietta, you must submit information concerning your loved one’s current living conditions, medical records, and testimony from a medical professional or social worker as part of a formal petition under the Official Code of Georgia Annotated § 29-4-10. Another key part of this petition is giving other interested parties an opportunity to be heard on the matter. At a formal Guardianship hearing, all parties will have the opportunity to argue either for or against the proposed arrangement.
The process of becoming a Guardian in Marietta is complex and lengthy. This is to protect the interests of potential wards against orders that are not necessary or Guardians who may wish to take advantage of others. However, this should not deter you if you want to obtain Guardianship powers to help your loved one.
Our experienced lawyers at Nelson Elder Care Law can help you through this process by obtaining medical records and reports, notifying other family members about your request, and submitting the necessary data to the court. Call our office today to learn more.
