How to Present Evidence In Court
You, the petitioner have the burden of proof; it is your job to tell the court that this needs to be done. It is not the courts responsibility to figure out what you want done and why it should be done. A lot of people get frustrated with the court because they think “I’ve told you enough information.” They don’t know what an IEP is, they don’t know what a BIP is, they don’t know what OT, PT is, that is language that is foreign to them. You can’t just simply say, “my child has autism, my child is non-verbal” That is not enough, you have to say things like “If my child is left unattended he will walk into traffic, someone has to hold their hand at all times” that’s how basic the information is that you have to get across to the court. The clear and convincing standard is any person has to look at the information presented and understand it and say “duh, this person needs a guardian.” Using the language and words that we are used to because we live this everyday doesn’t work with the court. Even though they do this all the time, this is not all they do. These types of guardianships are probably the smallest percentage of anything they do. Biggest thing they do is Estate administration and from that the adult guardianships where mom is in a nursing home, then this.
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.