Guardianship in GA
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Navigating Guardianship in GA
Guardianship may be the right step to consider if your loved one is unable to take care of themselves and their own affairs.
Author: Stan Faulkner, Founder, Perigon Legal Services, LLC
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on April 09, 2020.
Navigating guardianship can be a complex procedure, with feelings typically running high. When you feel a loved one or family member has become unfit to make their own decisions, you might choose to file a petition requesting the courts grant an involuntary guardianship. An involuntary guardianship is when the person in question does not wish to relinquish control of their property and legal decisions.
With so many factors involved, like family disagreement and maybe even personal feelings of guilt, involuntary guardianship cases are particularly difficult. As with any complex legal field, taking action for GA guardianship often requires the help of an experienced probate lawyer like Stan Faulkner of Perigon Legal Services. Contact us today and schedule an appointment.
Understanding How to Obtain Guardianship in Georgia
Until they find themselves in need of it, most people do not understand the basics of obtaining a GA guardianship.
To become a guardian, you need to submit a petition with the probate court of the county where your loved one presently lives. The initial filing fee is $125, but depending on the circumstances, there may be additional charges and filing fees.
You need to show that the proposed ward no longer can make reasonable decisions regarding their health and security. The proposed ward will be notified and provided the chance to hire legal representation. To fight the claim, they will likely need to submit to a psychological assessment to verify their capability. Additionally, you need to prove that you have your loved one’s best interests at heart.
As soon as the court designates a guardian, the individual’s legal right to make personal decisions is eliminated. Petitioning the court for guardianship is a complicated matter, but obtaining adequate legal advice early in the process makes it go much more smoothly.
Conservatorship vs Guardianship: What Is the Difference?
Guardianship or Conservatorship: which is right for your loved one? They are similar but not exactly the same. In many cases, you may wish to fill the role of both.
The responsibilities of a conservator are restricted to monitoring their ward’s monetary affairs. This includes using authorized funds to handle tasks like making investments on their behalf and paying their expenses.
A guardian’s responsibilities are more varied. They make handling the ward’s personal requirements and making decisions regarding healthcare and housing, etc.
Many of these issues can be avoided if your loved one previously planned his or her affairs with an estate planning attorney in Marietta GA. With a thorough plan in place, most of these matters will have been decided and documented. This greatly eases the probate process of assigning guardianship, as the loved one’s wishes are known.
Expert Counsel for Guardianship in Georgia
Legal Guardianship for Adults with Disabilities in GA
Obtaining legal guardianship for adults with disabilities in GA can be particularly sensitive, as otherly-capable individuals usually prefer to retain their independence. Not only does having one’s autonomy transferred to another pertain to choices regarding housing and medical treatments, but it also limits their ability to choose to marry or divorce, work, travel, apply for government benefits, or enter into other legal agreements.
There are a few other options like limited guardianship that focuses on the responsibilities to specific aspects of their life. A sensitive counselor with probate experience can help you weigh the pros and cons of all aspects of guardianship.
Georgia Guardianship Of An Adult Options
When deciding on matters regarding the GA guardianship of an adult, the court will choose who they consider the best person for the role. The options generally follow this order:
- The person designated in the ward’s estate plan
- The spouse or an adult child
- A previously-appointed state guardian
- A qualified volunteer
- A county-appointed public official
More information about GA guardianship is provided by the Division of Aging Services site here.
Legal Guardianship in Georgia
So many of the heartaches of obtaining legal GA guardianship could be eliminated if everyone would detail their wishes while they were still of sound mind. Why don’t they? There are many reasons. Read “Seven Reasons Why You Avoid Your Estate Planning” to learn more.
Unfortunately, petitioning for guardianship of another individual can put a strain on the entire family. This especially true if members disagree on who must be assigned the role of guardian or conservator. What starts as a well-meaning endeavor to protect the loved one from financial scam-artists can become a tug-of-war over their assets.
To provide flexibility, but also to further complicate the matter, there are many different categories of guardianship or conservatorship in GA. Here are a few of the most common.
What Is Temporary Guardianship Georgia?
A temporary guardianship is generally awarded when the conditions that require the role will be short-term. You can initiate the process by submitting an official petition with the appropriate probate court. Include the names and addresses of all parties involved, as well as the reason temporary guardianship is being sought.
If granted, you can make decisions concerning the ward’s personal, financial, health, or any other matters listed in the order of the probate court. Guardianship may be awarded for a specific period, as described by the court. It may remain in place until the circumstance that necessitated the appointment has been remedied or if the probate court feels you are failing to carry out your duties.
Temporary GA guardianship is most commonly granted when the probate court determines there is an emergency.
Permanent GA Guardianship Probate
To petition for permanent guardianship, it is wise to retain an attorney who can explain just what is probate and how the entire process works.
Permanent guardianship is reserved for assigning someone to make the decisions for a minor in situations where the parents are no longer in the picture or are deemed unfit to care for the children, and there is no natural guardian. A qualified legal office can offer a more detailed explanation of the differences.
When Is Emergency Guardianship Georgia Granted?
Emergency guardianship is granted in the event that an accident or illness deprives the ward of the opportunity to appoint their own representative. Other requirements for appointing an emergency guardian include:
- The proposed ward is incapacitated
- There is an immediate risk of harm
- There are no other alternatives
As you will likely have little time to research the subject in the case of an emergency, you should immediately contact a savvy legal representative to assist you with emergency guardianship.
Guardianship Lawyer in GA
Georgia Guardianship Forms Found Here
When the time comes, you can find the necessary Georgia guardianship forms online. GA Guardianship forms are readily available online. As with any legal matter, however, they can be a bit complicated. For clarification and counsel, consult a reputable probate lawyer.
Temporary Guardianship Form Georgia Filing Process
The entire process begins by filling out a temporary guardianship form, and you must file a Petition for Appointment with the probate court. The prospective ward will be formally served and requires legal representation. A temporary guardian can perhaps be selected within a week if it is necessary to keep your loved one safe.
Unfortunately, guardianship proceedings are often contested by the proposed ward or even another family member. People usually oppose having their rights removed or restricted. This makes the process potentially heated and time-consuming. The right guardianship attorney can reduce the money and time required, and therefore the stress involved.
Georgia Guardianship Handbook
The Georgia Guardianship Handbook will provide many of the answers you need, such as whether guardianship papers expire, etc. For those you are unable to find or have difficulty understanding, a knowledgeable Georgia lawyer can clarify. Contact us and let Stan Faulkner guide you in these intricate issues.
Understand Georgia Guardianship Laws by Hiring the Right Lawyer
Many people do not understand the basic GA guardianship laws. This can result in many problems that can subsequently result in civil or even criminal charges if serious mistakes are made according to Georgia law. For example, few realize that as a conservator in GA, you need to have a bond of insurance coverage to secure the monetary interests of the proposed ward. This way, if you breach your fiduciary task regarding your ward’s possessions, they are protected.
Although most lay-people are unaware of all of the details surrounding guardianship, Mr. Faulkner is. Contact him now to schedule an appointment.
Trusted Guardianship Lawyer in GA
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