Receiving an appointment as a Guardian in Georgia is a serious matter. When this occurs, a court has determined that your loved one needs help in their day-to-day activities and general welfare.
As a result, Guardians have significant powers to control the lives of their wards. At the same time, the law places a burden on Guardians to act only in the best interests of their wards. To merely receive these powers, the court may order a Guardian to offer up a bond. In addition, the court may initiate inquiries into the actions of Guardians that can bring significant punishments.
Fortunately, our experienced attorneys at Nelson Elder Care Law can explain the duties of a Guardian in Woodstock to ensure you are well prepared for the role.
A court in Woodstock will only appoint a Guardian if it is convinced that your loved one can no longer care for their own wellbeing. This may be due to a physical limitation, a mental health concern, or any other complication that may limit their ability to perform self-care.
Guardians who receive authority to act for the care of a ward have a duty under the law to do so with appropriate care. At the same time, Guardians have broad powers to act for the welfare of the ward. Under the Official Code of Georgia Annotated § 29-4-23, these powers can include:
Understanding your powers as a Guardian is central to evaluating your duties in Woodstock.
While Guardians have immense powers to act for the care of a ward, they also have substantial duties under the law. Courts only provide you with Guardianship powers if they are sure that you will act in the best interests of your loved one. In fact, O.C.G.A. § 29-4-30 authorizes courts to require a Guardian to submit a bond to the court as a guarantee of proper behavior. A failure to adhere to the duties of a Guardian may result in the forfeiture of this bond.
At the same time, any interested party may petition a court to reevaluate the appointment of a Guardian in the future. If the court decides that a Guardianship is no longer needed or that a Guardian has abused their powers, it may modify or terminate the relationship as it sees fit. Upon termination of a Guardianship relationship, the Guardian must immediately return all property and money to the ward. Our attorneys at Nelson Elder Care Law can provide more information about the legal duties of Guardians in Woodstock and the potential consequences for failing to work in the ward’s best interest.
If you have been appointed as a loved one’s Guardian, you must act only in their best interest and take all necessary steps to ensure their welfare. Since failure to appropriately carry out the duties of a Guardian in Woodstock can result in serious consequences, it is essential you fully understand your obligations in this role. Call Nelson Elder Care Law to learn more.
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