In Georgia, a legal guardianship of an adult is established by the Probate Court for an adult who has lost capacity to make or communicate significant responsible decisions concerning his or her health or safety. Generally, a family member is appointed by the court is a guardian, however, other individuals may be named. The guardian is not the same as a conservator who manages the incapacitated person’s financials. Instead, the guardian is responsible for decisions regarding health and wellness.
When You Should Create a Guardianship
A guardianship may be appropriate if you have an elderly family member who has become incapacitated because of Alzheimer’s or dementia, or who due to age may have difficultly taking care of himself or herself. Additionally, a mentally incapacitated child who is coming of age may also need a guardianship if he or she is unable to handle his or her own affairs. For an elderly loved one, you might have a discussion with your loved one while he or she is still capable of making decisions so that the loved one is able to establish an estate plan that names a healthcare agent who will be able to name these decisions in lieu of a proceeding in the courts.
How to Avoid a Guardianship
In many instances, a guardianship can be avoided if an estate plan is in place that includes a healthcare directive naming agents to make medical decisions and a financial power of attorney naming an agent to make financial decisions and a living trust. Placing assets into a living trust allows a trustee to manage the assets, sell any trust owned real property, and provide for the beneficiary without the necessity of court proceedings generally.
Contact a Georgia Wills and Estates Attorney
We work with families to proactively put estate plans in place that avoid the necessity of a guardianship. If you believe a loved one is beginning to show signs of needing assistance, contact our attorneys at Grissom Law, LLC to work with you to review their current estate plan or develop a plan that allows someone to assist them.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.