Understanding Guardianships: Who can file for guardianships? Must an attorney be involved?

In most situations, Georgia requires that two people file for guardianship. This can be any two persons who will swear to the facts in the petition, or any one person along with a physician’s, licensed clinical social worker’s, or psychologist’s affidavit stating that he or she had examined the Proposed Ward within 15 days prior to filing the petition. The proposed ward can also file for guardianship. The form for Petition for the Appointment of Guardianship and/or Conservator can be found at www.gaprobate.gov. The law does not require that an attorney be involved in the guardianship process, but it is a legal proceeding that requires a hearing at which evidence is presented, testimony is taken and a lawyer will be appointed to represent the Proposed Ward.  Navigating this process without proper representation can be difficult for many. The stakes are high if you do not win the guardianship. If you lose, you are prohibited from trying again for 2 years (unless a significant change in your loved one’s condition or circumstances occurs). The experienced elder law attorneys at Hurley Elder Care Law can provide representation to win guardianships. If you need personalized legal advice about guardianships in Georgia, please call our office at (404) 843-0121 or email us at info@hurleyeclaw.com.

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