If you are seeking to establish legal guardianship or conservatorship of a loved one in Georgia, the process can be daunting. Here are 10 tips to make navigating this process easier.
The first step is to understand what type of authority you are applying for. Guardianships involve the care and supervision of an adult who cannot manage his or her own affairs due to physical or mental disability, while conservatorships involve managing an individual’s financial affairs. It is important to know which you are asking for or whether you are requesting both.
This includes medical records, power of attorney and other legal documents as well as assets, income, and bills of the person you are seeking guardianship/conservatorship.
There are statutes that govern guardianships and conservatorships in Georgia. If you are not familiar with or understand the statutes you will not know the process and what is required. An attorney can handle this for you.
In Georgia, the petition for Guardianship/ Conservatorship requires that you notify two family members in a specific order or if there is no family, friends.
In Georgia the court will appoint an independent evaluator to meet with your loved one and file a report stating whether they believe guardianship/conservatorship is needed.
If you are filing for a conservatorship, the court will require you to take out a bond. This is insurance for the person you are requesting a conservatorship for. If you steal the money, they have some sort of recourse. You will need to qualify for the bond which usually means a credit check.
If you are filing for guardianship, more than likely the court will send you a background check consent form. The court is looking for any red flags that would disqualify you from being appointed as a guardian.
You will need to testify about why your loved one needs a guardian or conservator, why you are the best person to serve in the role, and what actions you are willing to take in this role.
An initial status report is due 60 days after being appointed as guardian and a status report is due to the court each year after.
An initial Asset Inventory and Management plan is due 60 days after you are appointed conservator and an accounting is due to the court each year after.
Establishing legal guardianships or conservatorships in Georgia can be a complicated process; however, following these 10 steps outlined above should help make it easier. Having a trusted team like The SR Law Group behind you when making these important decisions can provide peace-of-mind knowing everything has been done correctly and efficiently according to state law.
SR Law is Georgia's Premier Black-Owned Boutique Law Firm, providing Estate Planning and other legal services such as Probate, Guardianship and Conservatorship, VA Benefits, Long-Term Care and Medicaid Planning, as well as Adoptions. Our focus is on the needs of veterans, and older individuals and their families.