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.
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 Faulkner Law. 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.
Legal Guardianship for Adults with Disabilities in GA
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.
Georgia Guardianship Forms Found Here
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.
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