As we age, the possibility of becoming incapacitated and needing to have someone with authority to make medical and financial decisions is one that should be considered. 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 include a Financial Power of Attorney and an Advance Directive for Health Care. Having these documents in place can in many cases avoid the need for filing a case in the court because the person named in a financial power of attorney is able to make financial decisions and the healthcare agent can make medical decisions and authorize treatment. The addition of a trust and transferring ownership of real property to the trust can also help to avoid the need for filing a case to establish conservatorship because the acting trustee is able to sell real property owned by the trust as needed to address changing housing needs as well as to provide funds as needed to provide care.
We work with individuals and families to develop estate plans including plans that can avoid the need to establish a conservatorship or guardianship. If you are ready to work on your estate plan, call Grissom Law, LLC today at (678)781-9230 to schedule an appointment.
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.