Blog Post

An Overview of Adult Guardianships & Conservatorships

Chip Gaskill • Jul 09, 2019
guardianship & conservatorship attorneys

What is an Adult Guardianship?

An adult guardianship is the legal process by which one person obtains authority to make legal decisions on behalf of another. Guardianships are granted when the adult lacks the ability to make significant decisions regarding their own health and well-being. Most often, adult guardianships are filed when a person reaches 18 years of age, becomes an adult for legal purposes and his or her parent loses natural guardianship, but the young adult has a disability that prevents them from making sound decisions for themselves. Similarly, guardianships are also frequently necessary when illnesses of advancing age begin to limit an elderly person’s ability to make decisions for himself or herself.

What is a Conservatorship?

A conservatorship is often a companion proceeding to a guardianship. A conservator is responsible for the finances of the adult that lacks the capacity to manage their finances for themselves.

How Guardianships and Conservatorships Are Handled

In Georgia, guardianships and conservatorships are handled in the Probate Court. Probate judges take their obligation to make sure that a guardianship and conservatorship are completely necessary very seriously. That judge will oversee the guardianship and conservatorship for its duration.

How To Obtain a Guardianship or Conservatorship

To obtain a guardianship or conservatorship, a Petition must be filed with the appropriate Probate Court. The Probate Judge will complete an initial review of the Petition to determine whether there is probable cause to believe the guardianship or conservatorship is necessary. If the Judge finds probable cause, the court will order a medical evaluation of the proposed ward and appoint an attorney to represent the proposed ward. Thereafter, a hearing will be held, and the Judge will make a final determination of the necessity of the guardianship and conservatorship. Upon being appointed a guardian or conservator, the guardian or conservator will be required to make regular reports to the Court so long as the guardianship and conservatorship are in place.

Guardianship & Conservatorship Attorneys

Establishing guardianship & conservatorship is a complicated process. You will need an attorney who is well-versed in this area of the law. At York Gaskill, we are experienced guardianship & conservatorship attorneys in Duluth, GA. We invite you to contact our law firmat 678.697.6789 or send us a message to discuss how we can help you and your loved one.

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