Guardianship Process- Different Types
There are two processes for adult guardianship, one is an emergency process, and the other is a non-emergency process. We used to have a wonderful little law that allowed an emergency process to be automatically converted into a permanent process with just the passage of time. You didn’t actually have to do anything different. That has been removed from Georgia law simply because they don’t want people waiting for an emergency and than running to court getting the guardianship established when in the courts opinion this should have been done a long time ago. It was disruptive to the court calendar because when an emergency happens, other things get dropped so that your emergency can be dealt with. They’ve also strengthened or tightened up what an emergency means. Now you have to show with clear and convincing evidence that it is in fact an emergency that will cause serious bodily harm or irreparable harm to property. That is a very tough standard to achieve. Don’t wait for emergencies and run to court and just so you know, it’s not that quick either, it still takes about seven to ten days, so you can’t just run to court and walk out of court. It is usually not fast. The non-emergency process can take anywhere from six to eight weeks if the court is busy or as what is happening right now, state legislature is discussing court’s budgets being cut, these times will be stretched out also because of the current budget situation. Chances are court fees will be increasing sooner rather than later. If this is something you are contemplating, the sooner you file, the lesser the filing fees will be, the filing fees are not going down
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.