The law presumes that an adult is able to care for their own needs. In fact, this assumption is so strong that no other adult is able to make decisions on behalf of another without proper legal authorization.
One way to obtain this authorization is to receive an appointment as a Guardian. Guardians have the legal authority to take all necessary steps to ensure the wellbeing of a ward. As a result, obtaining this power is a serious legal process that requires you to prove your loved one requires Guardianship and that you are fit to serve in the role.
Becoming a Guardian in Woodstock is never an easy process. However, our knowledgeable lawyers at Nelson Elder Care Law can help you if you are concerned for the welfare of a friend or relative.
Since Guardians have so much power over another individual, these are often a last resort option. Therefore, concerned parties must petition the court to consider appointing a Guardianship. According to the Official Code of Georgia Annotated § 29-4-10, any interested person, including the proposed ward, may file a petition with the court to rule on the appointment of a Guardian.
The reasons for this petition may vary. However, if you are concerned that your loved one in Woodstock is no longer able to care for their own needs, you may wish to look into becoming their Guardian.
Courts will not grant powers of Guardianship without a thorough examination of the facts of the case. As part of a petition for Guardianship, you must include information concerning your loved one’s inability to care for their own needs. This requires signatures of at least two concerned parties or a report from a doctor or social worker testifying as to the need for a Guardian.
At the same time, you must also give other interested parties an opportunity to be heard. The petition must include the names of spouses, children, or other descendants who will then have the chance to consent to or object to the motion.
Finally, the petition must include information about you and your relation to the ward. This data assists the court in determining whether the Guardianship order is necessary and whether it would provide for the best interests of your loved one. Our local team at Nelson Elder Care Law can assist you with filing to become your loved one’s Guardian.
The appointment of a Guardian for an adult is always a complex process. Not only does a court need to determine if an appointment is necessary to serve the needs of a ward, but it also needs to evaluate whether a potential Guardian has the right motivations for serving in this role.
These factors combine to make becoming a Guardian in Woodstock a lengthy process. You must indicate why your appointment is a good idea. This can include obtaining doctors’ reports and explaining your motivations. Reach out to Nelson Elder Care Law today to get started.
