If your loved one is no longer able to make appropriate decisions or care for themself, it may be time for you to consider seeking guardianship.
Approval and selection of an adult guardian is a process that the courts take seriously since it involves stripping an individual of many rights. Courts want to ensure that a guardianship is absolutely necessary before ruling, so the process can be lengthy.
If a loved one is at personal risk or at risk of being taken advantage of due to memory issues, it is important that you protect them. You will want to take the following steps to begin the process.
Hire an Attorney
An attorney that practices elder law will have a good understanding of the process of seeking a guardian or conservator and be able to help you help your loved one. Becoming a guardian is complex, but having an attorney to assist you will help the process run smoothly.
Make Sure You Can Be Appointed
When you file for guardianship, you should be aware of the requirements. The individual filing must be over the age of 18 and prove that they understand the responsibilities of a guardian.. You must be able to demonstrate to the court that you will be able to act in the best interest of the individual. You will not be granted guardianship if the court feels that you cannot protect the individual and ensure their future needs are met.
Once you file for guardianship, the Court will notify the individual for whom a guardianship is sought, as well as their spouse, adult children, and anyone else entitled under law to be made aware.
Be Prepared for Court
After being advised by an experienced attorney and ensuring that you will be eligible to obtain guardianship, it is time to prepare for your court hearing. An attorney will help you prepare the proper materials needed for the hearing including witnesses and physician’s statements. If the individual has been diagnosed with anything that would further explain the need for a guardian, be prepared to ask their doctor to provide evidence regarding the individual’s diagnoses, functional limitations, and areas where the guardian’s help would be needed in this case.
After preparing for the hearing, you will be ready to present your case to the judge. You should be aware that the person you want to obtain guardianship over will be present at the hearing unless they are not in the state or being present could harm their health or safety.
If someone you care about is having difficulty taking care of themself, has trouble remembering conversations with their doctors or financial advisors, or is at risk of being taken advantage of, an experienced attorney can assist you in obtaining guardianship for their safety.
Contact our firm today for a consultation.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. The firm has earned a reputation for excellence across Georgia and the Southeast in providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, conservatorships, businesses, and securities.
