Individuals who are over the age of 18, and who do not have a power of attorney in place (prior to their incapacity) may need to have a person appointed by the court to serve as their guardian and/or conservator.
A Guardian has the authority to make decisions for an incapacitated individual concerning that person’s health, safety, welfare and education. A guardian can also void certain contracts and secure what is in the incapacitated person’s best interest.
A conservator has the authority to manage an incapacitated person’s resources to provide for the financial needs of the incapacitated person.
In Georgia, the law requires that the court appoint a person as guardian or conservator after the court determines that an individual cannot make or communicate significant responsible decisions concerning his or her health, safety, welfare or finances; and that there is no viable alternative to manage the person or assets.
Guardianship is a court process, involving the filing of a petition, service by deputy on the proposed ward, and a hearing before a judge. An attorney is appointed to represent the proposed ward, and an independent medical exam will be conducted by a person appointed by the court. The person seeking the guardianship will have to prove to the court that a guardian is necessary. The process can be an unpleasant experience if you do not know what to expect or how to proceed with the court.
For a more in-depth discussion of Guardianship, including alternatives to guardianship please view our educational videos online at www.nadlerbiernath.com
Call today to schedule your initial consultation to discuss how we can help you protect your loved one.
Nadler Biernath LLC assists clients in the Atlanta, Georgia area and throughout Georgia including Kennesaw, Alpharetta, Roswell, Marietta, Buckhead, Johns Creek, Duluth, East Cobb and Dunwoody.