The Who, What, Where, When and How of Guardianship/Conservatorship Evaluations

Recently we presented a community webinar, “Navigating Resistance to Care with Strength & Compassion”. We discussed Guardianship/Conservatorship as a last resort when families face resistance from their loved ones. When applying for a Guardianship/Conservatorship an evaluation is required. How does the evaluation process work?

Is a Guardianship Necessary?

If an individual has lost sufficient functional or cognitive capacity to make or communicate significant, responsible decisions about their health and safety, a guardianship may be appropriate. Sometimes a person is living in an unsafe environment and refuses to acknowledge their circumstances and move to a safe setting. This situation is where many families experience resistance from their loved one and are forced to seek a guardianship.

Is a Conservatorship necessary?

A conservatorship may be necessary when an individual can no longer make financial transactions or decisions for themself. They may have lost functional capacity and can no longer make financial decisions; they are making poor financial choices due to a form of dementia or perhaps they are being financially exploited by another individual or family member.

What about the evaluation process?

When a Guardianship and/or Conservatorship is filed in Georgia, the Probate Court in the county where you file will issue an Order of Evaluation for the proposed ward (the person who would be under the guardianship and/or conservatorship).  By law, the evaluator must be a physician, psychologist, or licensed clinical social worker (LCSW). Often it is a LCSW who performs the evaluations. The evaluator should have a copy of the petition and access to the proposed ward’s medical information when conducting the evaluation. The evaluators use standard cognition test like the SLUMS (St Louis University Mental Status) or the MoCA (Montreal Cognitive Assessment) and observation of the proposed ward and their surroundings.

What happens after the evaluation?

The evaluator sends a written report to the probate court either recommending guardianship and/or conservatorship or not and their reason(s) for their recommendation. If either the proposed ward or the proposed guardian and/or conservator disagrees with the evaluator’s report, they can hire another evaluator (at their own expense) to conduct another evaluation and have the new evaluator testify at the hearing. The Court will weigh all the evidence and decide if a guardian and/or conservator is needed and if so, who would be the most appropriate person(s) to serve in those roles.

Most of the Atlanta Metro counties appoint the evaluators from their own lists. However, some counties have the petitioners schedule the evaluation and inform the court of the details. It is recommended to always call the probate court in the county where you are filing to determine their specific rules and paperwork.

As you see, it is a tedious but often necessary process. Our team of experts at Hurley Elder Care Law can meet with you to see what options are available and if guardianship/conservatorship is right for your family. Call us at 404-843-0121.