Guardianship & Conservatorship
It is news to many individuals that you can hire a professional to be the trustee or executor of their estate. Whether a will or trust is completed, everyone needs a representative to handle their estate after their death. For most individuals, this representative is a family member. If someone has no reliable family members…
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After the probate court appoints a guardian over a ward, the court stays involved in the ward’s care to supervise the ward’s affairs and monitor the actions of the guardian. Guardians must provide regular reports, known as Personal Status Reports, to the court to keep them updated on the ward. This report must include the…
Read More Last July, the Uniform Law Commission (ULC) adopted a new act to help states reform their current guardianship laws. Guardianship laws are complex, and they, like all laws, need updating. The ULC last issued a Uniform Guardianship and Protective Proceedings Act in 1997. Their current one took two years of committee work and is now…
Read More “My dad has early stages of dementia. He hasn’t been diagnosed, but we’ve been noticing some major changes over the last year and a half. My mom just discovered that he’s been taking out thousands of dollars from their checking account. When asked about it, he says that he’s just helping a friend out and…
Read More “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…
Read More Each county has a Probate Court that handles their resident’s guardianship hearings. Generally speaking, it can take over a month to complete the entire process of filing, serving, evaluating, and holding the hearing to have a guardian appointed. The length of time really depends on the specific court being used; some courts have longer wait…
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In the eyes of the law, every child becomes an adult on their 18th birthday. This milestone can cause anxiety for many parents, especially the parents of special needs children. Up until their 18th birthday, parents (as the legal guardians of their children) have the legal authority to make medical and financial decisions for their…
Read More The decision to pursue guardianship should not be taken lightly. There are real risks with pursuing guardianship: -The guardianship process requires you to say things about your loved one in open court and often in front of your loved one. Telling a judge that you think your mom is incapable of handling her own affairs…
Read More Once a judge has deemed a ward to be incompetent and has agreed that a guardianship should be in place, the judge has to appoint an appropriate guardian. There are some restrictions on who can be appointed as a guardian in Georgia. Only individuals (not organizations) can be guardians (unless the Guardian is the Georgia…
Read More We often hear from healthcare professionals and long-term care providers who are concerned about incapacitated individuals needing a guardian and having no family or friends available to help them. What happens when an adult can no longer make his/her own decisions but there is no one to step in and help them? This situation is…
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