“I think that my mom was wrongly appointed a guardian. She has trouble talking and being understood, but she is not crazy or demented. What can I do?” Although rare, there are times when a person has inappropriately been deemed incompetent. Fortunately, the probate courts have a restoration process for terminating the guardianship. This is important for individuals that regain capacity after an illness or injury or for individuals improperly deemed incompetent in the initial guardianship appointment. Georgia probate courts require that a petition be filed to restore the ward’s rights. This petition must be accompanied by two affidavits, and then there will be an evaluation and a hearing to finalize the restoration process if the judge deems there is probable cause to terminate the guardianship. This same process can be used to change the guardianship order or to replace the current guardian. We have helped several individuals through the restoration process. If you have any questions about this process, please contact us at (404) 843-0121 or firstname.lastname@example.org.
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