When a loved one is unable to make legal decisions for themselves, establishing a guardianship or conservatorship might be necessary. Although assuming this role is a significant responsibility, it ensures that someone who truly cares is making decisions in their best interest.
Guardianship and conservatorship involve a formal legal process, and handling it alone can be overwhelming. Our guardianship/conservatorship lawyers in Marietta can help you build a strong case and make sure your loved one receives the advocacy they deserve.
Our team at Nelson Elder Care Law has served over 7,000 families and assisted them with the challenges of aging. Contact us today to find out how our elder care lawyers in Marietta can help with your guardianship or conservatorship.
What Does a Guardianship/Conservatorship Lawyer Do?
A guardianship or conservatorship lawyer can assist you through the complex legal process of obtaining a guardianship or conservatorship in Georgia. Once established, this grants you the legal authority to make decisions on behalf of someone who can no longer manage their affairs.
This individual requiring guardianship is often referred to as the ward, and a court must determine that they meet the criteria for requiring a guardianship and conservatorship.
Our guardianship/conservatorship attorneys in Marietta can make the process easier, more efficient, and legally sound. Some of the ways we can help include:
Offer Legal Guidance
We will explain the differences between guardianship and conservatorship and discuss some alternative options that may apply to your situation. We’ll walk you through the legal process every step of the way.
Petition the Court
We will prepare and file the necessary legal documents to request guardianship or conservatorship and make sure they are complete and submitted on time. We will also represent you during court hearings; you don’t have to go it alone.
Gather Evidence
Our attorneys will gather evidence such as medical records and expert evaluations to demonstrate your loved one’s need for legal protection and your suitability as guardian or conservator.
Continued Support
Once you have been appointed guardian or conservator, we can help you understand your responsibilities, such as reporting requirements and financial management.
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Who Needs a Guardianship/Conservatorship?A guardianship or conservatorship might be needed when someone can no longer make safe, informed choices about their health, finances, or daily life. This includes adults with disabilities or brain injuries, people with severe mental illness, or minors without a responsible parent.
In elder law, a guardianship or conservatorship may be needed for older adults with Alzheimer’s disease or other types of dementia if a medical professional determines they are no longer capable of making decisions.
These older individuals will require someone to make decisions on their behalf regarding health care, facility admissions, and financial matters.
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What Is the Difference Between Guardianship and Conservatorship In Georgia?
Guardians and conservators both handle tasks the ward is unable to perform for themselves, but they have distinctly different duties:
- A guardian is tasked with the well-being and safety of the ward. This can include decisions about their healthcare, living arrangements, daily care, and any other non-financial matters.
- A conservator manages the financial matters and property for the ward. This usually includes paying bills, overseeing income, handling investments, and safeguarding assets.
You can be both conservator and guardian for your loved one, or you may split the duties with another trusted family member. Your Marietta guardianship/conservatorship lawyers can help you understand the full responsibilities of both and choose the right arrangement.
What Is the Difference Between Guardianship/Conservatorship and Power of Attorney?
Power of attorney documents also authorize trusted agents to make medical and financial decisions for individuals who are unable to do so themselves. If an adult creates legally valid powers of attorney before becoming incapacitated, a guardianship or conservatorship is often not needed.
Unfortunately, many people delay creating essential documents like powers of attorney and advance healthcare directives, leaving their families unprepared when a crisis occurs. This is one reason early estate planning is so important.
Once someone is legally incapacitated, they can no longer execute a power of attorney. At that point, a court-appointed guardianship or conservatorship may be the only option to ensure their needs are met.
What Is the Guardianship Process in Georgia?
Our attorneys can guide you through the guardianship or conservatorship process in Georgia, beginning with filing the appropriate petition with the county probate court.
Once the petition is filed, the court will typically order a medical evaluation to assess the proposed ward’s capacity. If the physician determines that guardianship is necessary, the court will schedule a hearing. The individual has the right to legal representation at that hearing.
At the hearing, our attorneys can present evidence on your behalf. If the judge determines that the legal requirements are met, they may grant guardianship or conservatorship to ensure the individual’s needs are properly managed and protected.
Can You File for a Guardianship Without a Lawyer in Georgia?
You are legally permitted to file a petition for guardianship and represent yourself at the hearings. However, because of the complex legal procedure involved, it usually isn’t advisable. A skilled elder care attorney who understands the process can be a tremendous asset.
Get Help From a Guardianship/Conservatorship Attorney in Marietta
The health and well-being of your loved one are extremely important, and it seems helpless when they are incapacitated and unable to make sound decisions for themselves. A guardianship or conservatorship means someone who cares is there for them.
It’s a big responsibility, but it ensures your loved one gets the care they need and their finances are protected. Our guardianship/conservatorship attorneys in Marietta can help you understand the legal process and move forward with establishing important protections.
At Nelson Elder Care Law, we’ve advocated for the rights of older Georgia residents and their families since 2014. Call today to discuss your guardianship and conservatorship as well as other aspects of elder law, such as estate planning.