Atlanta Guardianship & Conservatorship Lawyer 

Helping Clients Care for Their Loved Ones

Guardianships and conservatorships are legal proceedings in the probate court that allow one person to ask for control of another person’s finances and health care. There must be a demonstrated need for the court’s appointment of a guardian or conservator that would generally show the person cannot make their own decisions or manage money themselves.

When a person suffers full dementia but is still physically healthy, an appointed guardian can direct that person’s medical decisions. Quite often, the mentally incapacitated person will also need a conservator appointed to manage that person’s money and property. If the court finds probable cause to have a guardian or conservator appointed on the ward’s behalf, it will schedule a hearing. An emergency guardian can also be appointed if the need is dire.

Call us at (678) 257-3332 today or contact us online to schedule your case evaluation with a guardianship or conservatorship attorney near you.

What Is a Guardian?

Think of a guardian as a caregiver: this is the individual determined to take responsibility for administering care to a ward, whether that be you in the event of medical incapacitation, or in some states, in reference to minor children that go under the care of an appointed adult. A guardian is designated to take legal responsibility, and should you not name one in a will, states have procedures in place to name one in the absence of a will.

What Is a Conservatorship? 

A conservatorship is a legal arrangement where a court appoints a responsible person or organization (known as a conservator) to care for and make decisions on behalf of another individual (known as the conservatee) who is unable to manage their own affairs due to incapacity or disability.

Conservatorships are typically established for individuals who are unable to handle their personal, financial, or medical matters independently and require assistance in managing their affairs. This can include individuals with mental illness, developmental disabilities, or physical limitations that prevent them from making informed decisions.

The duties and responsibilities of a conservator can vary depending on the specific needs and limitations of the conservatee. They may include managing the conservatee's finances, paying bills, arranging medical care, making legal decisions, and ensuring the conservatee's overall well-being.

What Type of Power Does a Guardian Have?

The guardianship can be a permanent or temporary state. For instance, should you be incapacitated but anticipate the chance of a recovery down the road, a temporary guardian can manage care matters on temporarily until recovery. This includes life-threatening situations, such as decisions on whether or not to pursue medical treatments that may extend or better your livelihood. A guardian has the power to determine where you are treated and who you are seen by in a medical context, as well as the lengths of support you seek. It’s a major responsibility, and it’s crucial you designate a potential guardian you can trust and who has the ability to care for you in the way that you may need under the circumstances.

Get Guidance from an Atlanta Elder Lawyer

Whether you want to appoint a guardian or conservator or have been appointed to one of these roles, you will need the effective representation of our law firm. Our Atlanta elder law attorneys can take the necessary actions to protect your rights and ensure that the decisions made are in your best interest. Individuals appointed as guardians and conservators are bound by law to act in the ward’s best interest. They must permit the ward to participate in the decision-making process when possible. The conservatorship or guardianship will terminate upon the death of the ward or when a petition for removal is successful.

To request a case evaluation with a guardianship and conservatorship lawyer near you from Meyring Law Firm, call us at (678) 257-3332!