Best Guardianship Lawyers in Georgia

About Guardianship Law in Georgia, United States

Guardianship in Georgia is a legal process in which a person or entity is appointed by a court to make decisions for another individual, usually because that individual is unable to make decisions for themselves, often due to age, disability, or incapacity. The individual needing help is known as the "ward" and the person or entity given authority is the "guardian." Guardianships may be established for minors or for adults who are incapacitated. The primary goal is to protect the well-being and interests of the ward by legally empowering someone to act on their behalf.

Why You May Need a Lawyer

Seeking legal assistance in guardianship matters is common because the process is often complex and can be emotionally charged. You may need a lawyer for several reasons, including:

• Filing a petition to become a guardian for a minor or an incapacitated adult.
• Disputes among family members about who should serve as guardian.
• Opposing a guardianship if you believe it is not in the ward’s best interest.
• Complying with court procedures and gathering evidence for court hearings.
• Ensuring that your actions as a guardian comply with Georgia law, which requires annual reporting and oversight by the court.
• Special circumstances, such as guardianship of someone who owns significant assets or has complex medical needs.

Local Laws Overview

Georgia guardianship laws can be found in the Official Code of Georgia Annotated (O.C.G.A.) Title 29. Some important aspects of guardianship law in Georgia include:

• Courts may appoint a guardian for adults found to be “incapacitated,” meaning they lack sufficient capacity to make or communicate significant decisions.
• There are two primary types of guardianship: guardianship of the person (making decisions about care and living arrangements) and conservatorship of the property (managing finances and assets).
• Guardianship proceedings typically take place in the probate court of the county where the proposed ward resides.
• Anyone with an interest in the ward’s well-being can petition for guardianship, not just family members.
• The law prioritizes less restrictive alternatives before granting full guardianship, such as power of attorney.
• Guardians are required to file regular reports with the court detailing the ward’s status and management of assets.
• The ward has the right to legal representation and to contest the guardianship in court.

Frequently Asked Questions

What is the difference between a guardian and a conservator in Georgia?

A guardian makes decisions about a person’s health, housing, and personal care, while a conservator manages the person’s finances and property. Sometimes the same person or entity can serve as both, but they are distinct roles under Georgia law.

Who can be appointed as a guardian?

Any interested person, including family members, friends, or professionals, can petition to be appointed as a guardian. The court will decide who is most suitable based on the best interests of the proposed ward.

What are the requirements to become a guardian in Georgia?

Applicants must be at least 18 years old and able to perform the duties required. The court will conduct background checks and ensure the applicant does not have a conflict of interest or disqualifying criminal history.

How do I start the guardianship process?

You begin by filing a petition in the probate court of the county where the proposed ward resides. You must provide evidence of the ward’s incapacity and notify interested parties, including relatives and the ward themselves.

How does the court determine if someone needs a guardian?

The court reviews medical and psychological evidence, hears testimony, and may appoint an evaluator to assess the proposed ward’s abilities. The ultimate decision is based on the court’s determination of incapacity and best interests.

How long does guardianship last?

Guardianship lasts until the ward regains capacity, turns 18 if the ward is a minor, dies, or the court otherwise terminates the guardianship. Annual reviews are conducted to confirm ongoing need.

Can guardianship orders be modified or terminated?

Yes. If circumstances change, interested parties can petition the court to modify or end the guardianship. For example, if the ward recovers capacity, the court may terminate the guardianship.

Is a lawyer required to obtain guardianship?

While you are not required by law to have a lawyer, legal counsel is highly recommended due to the complexity of the process and the potential for disputes or errors.

What rights does the ward retain under guardianship?

Wards retain all rights not expressly granted to the guardian by the court. The court aims to preserve the ward’s independence as much as possible.

What are the responsibilities of a guardian?

Guardians must act in the best interests of the ward, as directed by the court. This may include securing safe housing, arranging for medical care, making educational or vocational decisions, and filing periodic reports with the court.

Additional Resources

If you need more information or guidance about guardianship in Georgia, the following resources may be helpful:

• Georgia Probate Courts - Handle guardianship petitions and oversee ongoing cases.
• Georgia Department of Human Services, Division of Aging Services - Offers support and information regarding adult guardianship and elder care.
• Georgia Legal Services Program - Provides free legal help to eligible residents on guardianship and other civil matters.
• The Atlanta Legal Aid Society - Offers legal help to low-income individuals in metropolitan Atlanta.
• State Bar of Georgia - Lawyer Referral Service - Connects individuals with qualified guardianship attorneys.
• Adult Protective Services - Assists in cases involving abuse, neglect, or exploitation of vulnerable adults.

Next Steps

If you or a loved one may need guardianship or are involved in a guardianship matter in Georgia, consider taking the following steps:

• Gather relevant documents, such as medical records, financial statements, and any evidence of incapacity or need.
• Consult with a qualified attorney who practices in guardianship law to review your options and plan your next moves.
• Contact your local Georgia Probate Court for information on filing procedures, required forms, and court rules.
• Explore less restrictive alternatives to guardianship if appropriate, such as powers of attorney or advance directives.
• Reach out to community resources and legal aid organizations for further guidance.

Guardianship matters can be challenging, but experienced legal professionals can guide you through each stage. Taking action early and understanding your rights and responsibilities under Georgia law can help ensure the best outcome for you and your loved ones.