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Duties of a Guardian in Marietta

Guardians play an essential role in the lives of their wards. They must take every reasonable and necessary step to care for that person’s day-to-day needs as well as to comply with all relevant legal duties.

Unfortunately, many Guardians fail in this duty. This could result in the court initiating an investigation into the Guardian’s actions or the loss of Guardianship rights. The resulting financial damage could be crippling.

Understanding the duties of a Guardian in Marietta is the first step to take when considering whether to take on this important position. Our seasoned lawyers at Nelson Elder Care Law can provide more information about these duties as well as the potential complications that could arise if these obligations are not met.

Guardian Obligations to a Ward

You can only become someone’s Guardian through a court order. When evaluating a petition for appointment as a Guardian, a court must evaluate a number of factors, including whether your loved one can care for their own needs, your relationship to them, and whether you are likely to be able to meet the obligations under Georgia law.

These obligations are detailed under Official Code of Georgia Annotated § 29-4-23. As a Guardian, you must act only for the benefit of your loved one and take reasonable steps to provide for their wellbeing. Common examples include:

  • Obtaining a place to live for your loved one in the same state as the court
  • Protecting the legal rights of your loved one, including filing taxes and pursuing legal claims
  • Giving consent for medical care or emergency treatment

It is essential that you fulfill these duties. Otherwise, the court may act quickly to review the appointment.

What are the Potential Consequences of Failing as a Guardian?

Being able to demonstrate the need for your services as a Guardian is only one part of the appointment process. The court may also order you to submit a bond to the court to ensure good behavior under O.C.G.A. § 29-4-30. This bond serves as a way to guarantee that you will act only in the best interests of your loved one.

The actions of a Guardian are under constant scrutiny. Any party may ask the court to take a deeper look into the actions of a Guardian to determine if they are consistent with their obligations under state law. If a court agrees that a Guardian has violated this duty, it may require them to provide more detailed information in the future, terminate the Guardianship, or even seize the bond. As a result, fully comprehending the duties of a Guardian in Marietta is vital to both you and the friends and loved ones of a possible ward.

Discuss the Duties of a Guardian with Our Marietta Attorneys

Above all else, a Guardian must act solely for the benefit of their ward. This can include a proper protection of that ward’s assets, securing a place to live, and protecting that ward’s legal rights. When making decisions about steps to take, a Guardian must act reasonably and only for the wellbeing of the ward.

Failing to fulfill the duties of a Guardian in Marietta could result in the forfeiture of this bond. Our well-practiced attorneys at Nelson Elder Care Law can provide more information about the obligations of Guardians so you can be sure to fulfill these duties. Call now.

Hear From Our Clients
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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.

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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!

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