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Adult Guardianship In Georgia

What Is Adult Guardianship In Georgia - How To Get Guardianship

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Do you have a loved one who is struggling mentally? 

Without the mental capacity, your loved ones:

  • can’t make informed medical decisions
  • are at a high risk for financial mismanagement
  • struggle with eating, bathing, dressing, etc.
  • are likely to experience physical, emotional, or financial abuse

An adult guardianship gives you the control to help your loved ones.

What is Adult Guardianship?

Adult guardianship is a court-order arrangement. 

It gives the guardian the ability to make decisions for the incapacitated adult. 

The court determines the scope of the guardian’s authority.

You can make decisions about:

  • medical care
  • living arrangements
  • financial matters

This protects the adult who is unable to make these decisions independently.

Types of Guardianship

In Georgia, there are two primary types of guardianship for adults:

  • Guardianship of the Person: This grants the authority to make personal decisions for the ward (i.e., about healthcare, living arrangements, and daily activities).
  • Guardianship of the Property: Known as conservatorship, this allows you to manage the ward’s financial affairs (i.e., paying bills, managing investments, and handling income).

When is Guardianship Necessary?

Guardianship gets approved when an adult can’t make informed decisions.

This can be due to things like: 

  • Intellectual or Developmental Disabilities: Lifelong conditions like Down syndrome or autism.
  • Severe Mental Illness: Disorders such as schizophrenia or severe bipolar disorder.
  • Dementia and Alzheimer’s Disease: Age-related cognitive decline affecting decision-making.
  • Physical Incapacity: Severe illnesses or injuries, such as a stroke or brain injury.
  • Chronic Substance Abuse: Impaired judgment and decision-making from ongoing substance abuse.
  • Severe Medical Conditions: Coma or other conditions impairing consciousness and decision-making.

Fill out the form to start helping your loved one today.

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Alternatives To Guardianship

Guardianship is not right for everyone. 

Here are some alternatives for less restrictive support:

  • Power of Attorney: Appoint someone to make financial or medical decisions. (Best when you still have some decision-making capacity.)
  • Healthcare Directives: Appoint someone to make medical decisions. (Best protecting you when you become incapacitated.)
  • Trusts: Assign a trustee to manage assets on behalf of the individual. (Best for managing assets without court involvement.)
  • Representative Payee: Manages Social Security or government benefits.
  • Supported Decision-Making: Retains individual’s decision-making with assistance.
  • Conservatorship: Manages only financial affairs, not personal care. (Best for managing finances when decision-making capacity is intact.)

How To Get Adult Guardianship

  1. Determine Incapacity: Obtain a doctor’s confirmation of the person’s incapacity. 
  2. File a Petition: File a Petition for Appointment of Guardian or Conservator at the Probate Court with the doctor’s affidavit.
  3. Notify Interested Parties: Inform the person, their relatives, and other interested parties. The court will send them a copy of the petition and hearing notice.
  4. Appointment of a Guardian Ad Litem: The court may appoint a Guardian Ad Litem (GAL) to investigate and report back.
  5. Attend the Hearing: Present your case at the court hearing with all necessary evidence.
  6. Court Decision: The judge decides on incapacity and suitability. If approved, you will be appointed as guardian.

Fill out the form to get help filing for guardianship. 

Rules For The Doctor’s Notes

The medical documentation should be a sworn statement that includes:

  • the doctor’s credentials
  • contact information
  • the diagnosis
  • assessment of decision-making ability
  • statement of incapacity
  • relevant medical history
  • guardianship recommendations

The evaluation must be performed by a licensed:

  • physician
  • psychologist
  • psychiatrist

Someone qualified to assess the individual’s mental and physical condition.

What Is A Guardian Ad Litem?

The Guardian Ad Litem is an investigator who makes sure guardianship is needed. 

They are appointed by the court to: 

  • Review medical records and interview relevant parties. 
  • Report their findings on the need for guardianship and if the proposed guardian is suitable. 
  • Represent the incapacitated adult’s best interest during the legal process. 
  • Attend court hearings to provide information and testimony as needed.

What Are Guardianship Responsibilities?

Guardians have responsibilities to the ward in several areas of life. 

Personal Care Responsibilities

  • Health Care Decisions: Make medical decisions and ensure proper health care.
  • Living Arrangements: Decide on safe and suitable living conditions.
  • Daily Needs: Oversee personal hygiene, nutrition, and well-being.
  • Social Services: Arrange necessary social services and activities.

Financial Responsibilities (if Conservator)

  • Manage Assets: Oversee financial resources, including bank accounts and investments.
  • Pay Bills: Ensure timely payment of bills and taxes.
  • Budgeting: Create and maintain a budget for the ward’s needs.
  • Record Keeping: Keep detailed records of financial transactions.
  • Reporting: File regular financial reports with the court.

Legal Responsibilities

  • Court Reports: Submit regular reports on the ward’s condition and guardian’s activities.
  • Legal Compliance: Ensure actions comply with court orders and laws.
  • Advocacy: Act in the ward’s best interests in legal matters.

Get Help From A Lawyer Lawyer

People get guardianship because their loved one’s life depends on them. 

We understand how important it is that you have the control to help them. 

We make sure that: 

  • you get guardianship as fast as possible
  • there are no legal hiccups
  • you have the rights you need

Fill out the form to get help for your loved one. 

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