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Wondering how to get guardianship in Georgia for an elderly parent?
In this article, you’ll learn about:
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In Georgia, the court can assign someone to make decisions for an elderly person who can’t decide for themselves.
This legal helper is called a guardian.
The guardian takes care of the elderly person’s health, money, and personal needs.
To start the process, someone must ask the court to appoint a guardian.
They do this by filing a request at the court in the area where the elderly person lives.
Once the request is filed, the elderly person is told about it and can get a lawyer.
They must have a doctor check their mental health too.
The court has a preferred list for who should be the guardian.
It starts with the person the elderly person picked before they needed help.
Next is the spouse, then an adult child, and lastly a parent.
The guardian makes choices about the elderly person’s care, money, and well-being.
The process ends with a court hearing where a judge decides if a guardian is needed and who it should be.
Guardianship for the elderly involves appointing a responsible person to make decisions for an older adult who can no longer do so themselves.
This process is legal and typically occurs when the elderly person is incapacitated due to health issues like dementia.
The appointed guardian is responsible for the elder’s personal care and managing their finances.
This ensures their well-being and that their needs are met.
Courts usually oversee the guardianship to ensure the elder’s interests are protected.
To get guardianship of an elderly parent in Georgia, you need to:
A guardian’s primary responsibility is to act in the best interests of the elderly person, ensuring their well-being and dignity are upheld.
The duties of a guardian for the elderly typically include:
(Link to Emergency Guardianship Form.)
You may need emergency guardianship for an elderly parent if they suddenly cannot manage their own care or finances.
This is often because of a rapid decline in mental or physical health.
If they have no power of attorney or healthcare directive, and they’re at immediate risk, a guardian can step in.
This person makes decisions for them right away to ensure their safety and protect their assets.
To obtain emergency guardianship, file a petition in the court where the elderly parent resides.
Explain why immediate help is needed in your petition.
For example, your parent might be in danger or unable to handle their money safely.
The court will quickly review the situation and they may hold a hearing.
If the court agrees there’s a risk, they appoint a temporary guardian.
This guardian immediately starts making decisions to protect your parent.
It costs ~$125 to file for guardianship in Georgia.
There may be other filing fees depending on your situation.
The cost of guardianship in Georgia varies, typically ranging from $500 to $5,000.
This cost includes court filing fees, attorney fees, and expenses for any required evaluations or reports.
Court filing fees are usually around $100 to $400, but attorney fees can significantly increase the total cost.
This depends on the case’s complexity and the attorney’s rates.
Additional expenses may arise if there are contested hearings or special requirements.
Getting legal guardianship for adults with disabilities in Georgia is the same process.
Here are the main differences when dealing with disabilities vs age (or both).
This often covers a wide range of decisions due to progressing conditions like Alzheimer’s.
The guardian’s role typically expands as the parent’s health declines, handling:
This is usually a long-term commitment, lasting until the end of the parent’s life.
This is tailored to the specific needs arising from the disability, which may be physical, mental, or developmental.
The guardian’s role is focused on areas where the parent cannot make decisions independently.
The scope and duration of guardianship vary, depending on whether the disability is stable or changes over time.
It may require regular reassessment and adjustment to match the parent’s changing needs.
There are two main types of guardianship for adults:
Each type is designed to match the specific needs and abilities of the adult requiring guardianship.
If you want guardianship for an elderly parent, fill out the form below.
At The Hive Law, we understand the importance of:
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Benefits of our guardianship services:
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