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Conservatorship & Guardianship

Conservatorship is when an individual (a “conservator”) is granted control by the Probate Court over financial matters (such as paying bills, filing taxes, determining a budget, taking care of investments) for an incapacitated individual. A conservator has no authority to make decisions regarding the individual’s personal affairs.

Guardianship is when an individual (a “guardian”) is granted custody and control by the Probate Court over an incapacitated individual. Guardians are responsible for making sure the individual has adequate medical attention, an acceptable place to live, adequate food, etc. In Georgia, any “interested person” may file a petition for the appointment of himself or some other qualified person as guardian of an incapacitated person, and if so appointed by the judge, may serve in that capacity. An “interested person” is an individual who has an interest in the welfare of an incapacitated person, and is not himself a minor, ward, or protected person.

In Georgia, conservatorship and guardianship are the processes by which a person seeks appointment through the court as an official legal representative of another individual. An individual’s legal right to make significant decisions for themself is eliminated once a conservator and/or guardian is appointed for them.

For this reason, petitioning to become a conservator or guardian can be a complex and time-consuming process which is often adversarial. Even before helping you through the process itself, our attorneys can help you understand this process and determine whether and when you should file for conservatorship or guardianship.

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