Guardianship and conservatorship are legal processes through which the court appoints a person to oversee the financial or personal affairs of an individual who is either incapacitated or who has not reached the age of majority. In Georgia, Probate courts have jurisdiction over guardianship and conservatorship cases.

In Georgia, a guardian is responsible for making decisions concerning the person of the Ward, including making sure the Ward has adequate medical attention, an acceptable place to live, adequate food, etc., while a conservator is responsible for managing and making decisions concerning the Ward’s income and property. Conservators must post bond for the value of the income and personal property of the Ward.

An estate plan can and should address guardianship of minors and management of a minor child’s property, as well as, include documents naming a financial power of attorney and healthcare agent. Having these documents in place can in many cases avoid the need for filing a case in the court.

We work with individuals and families to develop estate plans. Each individual’s needs are unique and this article only provides an overview of one consideration when planning your estate. For more detailed information and to discuss your specific case, call us today at (678)781-9230 or email us at to schedule an appointment.


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