Guardianship
By Shelley Elder, Estate and Probate Lawyer serving the North Atlanta metro area, including Bartow County, Cherokee County, Cobb County, Paulding County
When you think of the term "guardianship," what comes to mind? Is it legal guardianships for your child or children should something happen to you? It is important to think about the "what ifs" in life, in the unlikely event that something happens to you. Of course you would want to choose who would care for your minor child/children if you couldn't. At Elder Law Firm, we can help you establish who you want as the legal guardian of your minor children if you are unable to care for them. We can help you build a plan, that may include the preparation of your Last Will and Testament, document who you would choose for legal guardian, and help you plan for the future.
Next, try to imagine your mother or father needing a legal guardian. It could happen. Because of our advanced medical technology, people are living longer than ever before. As people age, sometimes they lose the physical and/or mental ability to care for themselves. What is an incapacitated person? Basically it is a person who has been deemed by the court to be incapable of managing at least some of their property, and/or take care of their own health and safety. The individual may not have the ability to make or communicate responsible personal decisions.
It is best if you plan ahead for your unlikely incapacity, because having an adult guardianship established is not a quick and easy thing to do. In fact, it can be quite time consuming, stressful, and expensive for your loved ones if you don't plan ahead. At Elder Law Firm, we can help you plan for incapacity in your powers of attorney. You can choose who you want to be named as your legal guardian (guardian of the person) andlor conservator (guardian of the property) in the unlikely event that you need one. With a proper power of attorney you may eliminate the need for a court hearing to appoint a guardian.
If you don't prepare ahead and plan for the "what ifs" in life, and then you need a legal guardian in the future, someone must complete a petition and file it with the probate court. But before they can do that, they must go with you to one or more doctors appointments to get them to state that they agree that you are incompetent and need a legal guardian. It can be a complicated process, and laws change from time to time. You will be best served in you use a Georgia estate planning and adult guardianship attorney to prepare the petition and guide it through the process. Sometimes a person might need help (a guardian) to handle only certain aspects of their affairs.
In this case, you can apply for a limited guardianship. Regardless of the type of guardianship andlor conservatorship that is filed in the Georgia probate
court, sufficient proof will be required to document the need. Your estate planning and adult legal guardian lawyer can ensure that you meet the court's requirements.
Shelley Elder of Elder Law Firm meets with clients in the North Atlanta metro area, including Acworth, Cartersville, Dallas, Emerson, Kennesaw, Marietta, Powder Springs, Smyrna, Woodstock, and other communities in Bartow County, Cherokee County, Cobb County, and Paulding County.
When you think of the term "guardianship," what comes to mind? Is it legal guardianships for your child or children should something happen to you? It is important to think about the "what ifs" in life, in the unlikely event that something happens to you. Of course you would want to choose who would care for your minor child/children if you couldn't. At Elder Law Firm, we can help you establish who you want as the legal guardian of your minor children if you are unable to care for them. We can help you build a plan, that may include the preparation of your Last Will and Testament, document who you would choose for legal guardian, and help you plan for the future.
Next, try to imagine your mother or father needing a legal guardian. It could happen. Because of our advanced medical technology, people are living longer than ever before. As people age, sometimes they lose the physical and/or mental ability to care for themselves. What is an incapacitated person? Basically it is a person who has been deemed by the court to be incapable of managing at least some of their property, and/or take care of their own health and safety. The individual may not have the ability to make or communicate responsible personal decisions.
It is best if you plan ahead for your unlikely incapacity, because having an adult guardianship established is not a quick and easy thing to do. In fact, it can be quite time consuming, stressful, and expensive for your loved ones if you don't plan ahead. At Elder Law Firm, we can help you plan for incapacity in your powers of attorney. You can choose who you want to be named as your legal guardian (guardian of the person) andlor conservator (guardian of the property) in the unlikely event that you need one. With a proper power of attorney you may eliminate the need for a court hearing to appoint a guardian.
If you don't prepare ahead and plan for the "what ifs" in life, and then you need a legal guardian in the future, someone must complete a petition and file it with the probate court. But before they can do that, they must go with you to one or more doctors appointments to get them to state that they agree that you are incompetent and need a legal guardian. It can be a complicated process, and laws change from time to time. You will be best served in you use a Georgia estate planning and adult guardianship attorney to prepare the petition and guide it through the process. Sometimes a person might need help (a guardian) to handle only certain aspects of their affairs.
In this case, you can apply for a limited guardianship. Regardless of the type of guardianship andlor conservatorship that is filed in the Georgia probate
court, sufficient proof will be required to document the need. Your estate planning and adult legal guardian lawyer can ensure that you meet the court's requirements.
Shelley Elder of Elder Law Firm meets with clients in the North Atlanta metro area, including Acworth, Cartersville, Dallas, Emerson, Kennesaw, Marietta, Powder Springs, Smyrna, Woodstock, and other communities in Bartow County, Cherokee County, Cobb County, and Paulding County.
