A conservatorship, in Georgia, is defined as an appointment of one person to handle the financial affairs of another, referred to as a “ward.” Adult conservatorships are established when an adult is unable to make or communicate significant responsible decisions concerning the management of his or her property. Individuals wondering how to fight conservatorship in the state of Georgia should consider advance planning and litigation help.
Adult conservatorships are meant to protect adults who lack the capacity to manage their assets for their own benefit. Recently, stories of abusive conservatorships made national headlines.. The best way to protect yourself from a predatory conservatorship is preparation.
The attorneys at Gaslowitz Frankel LLC have decades of experience as the leading estate litigation attorneys in the state of Georgia. If you are concerned about an abusive conservatorship, a lawyer is your best ally.
How a Petition for a Conservatorship is Made in Georgia
A conservator may either be a professional or a private individual. Conservators are often loved ones of the Ward, like a child or sibling. Any “interested party” can petition the court to appoint a conservator for an adult. .
A party who wants the court to enact a conservatorship must establish, at an evidentiary hearing, that the potential ward is unable to make or communicate significant responsible decisions concerning the management of his or her property. . Of course, being able to make and communicate such decisions is not the same thing as making good decisions regarding the management of one’s assets.
Prior to appointing a conservator for an adult, a court must determine, by clear and convincing evidence, that such an appointment is necessary.
Once appointed, conservators manage the ward’s assets, deciding everything from how to invest assets to how much should be spent for the ward’s support. Generally, an adult wards under a conservatorship has no right to contract, make a will, or make gifts.
How to Fight Conservatorship
Conservatorships are intended to protect older or mentally incapacitated adults from financial abuse. However, as recent headlines have established, some conservatorships are abusive.
If you wish to protect yourself from predatory conservatorships, there are some estate planning tools at your disposal.
Living Wills and Trusts
Putting your assets in a living and/or revocable trust and naming a trusted person or company as successor-trustee can eliminate the need for a conservatorship should you become mentally incapacitated. In such a case, your successor-trustee can step in and manage your trust assets for you, protecting you from poor financial decision making, fraud, and theft. in the event you become unable to make reasonable financial decisions for yourself.
Powers of Attorney
Adults can also execute a power of attorney, authorizing a trusted advisor to step in and make financial decisions for you in the event you become mentally incapacitated. If you have a family member or close friend who you trust to act in your best interests, granting that individual with the power of attorney can prevent one from being assigned without your input.
Fiduciary Litigation Attorney
If someone petitions a court to appoint a conservator for you, you can also oppose such an appointment in court. Georgia Courts will appoint an attorney to represent proposed wards if they do not have their own counsel. Other interested parties, such as your children, can also hire counsel to oppose the conservatorship on your behalf.
Related Article: How Older Adults Can Protect Themselves from Conservatorship or Guardianship Abuse
About Gaslowitz Frankel LLC, Conservatorship Attorneys
We have the compassion and experience to guide beneficiaries toward understanding their unique situation and toward making decisions that optimize their outcomes. Our team has the expertise to address concerns beneficiaries have during the litigation process, including the desire to honor the deceased, avoid or minimize the time in court, alleviate stress, and make the best decisions for themselves and their families. Gaslowitz Frankel LLC has the passion and authority required to deliver clients with their ideal outcomes.
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