Guardianship In Georgia For Elderly

Guardianship In Georgia For Elderly - How To Get Guardianship Of An Elderly Parent In Georgia - Duties Of A Guardian For The Elderly

Wondering how to get guardianship in Georgia for an elderly parent? 

In this article, you’ll learn about: 

  • what elderly guardianship is
  • how to get elderly guardianship
  • what the duties of elderly guardianship are
  • what to do if you need emergency guardianship

Keep scrolling to learn more.

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Guardianship In Georgia For Elderly

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.

What Is Guardianship For Elderly

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.

How To Get Guardianship Of An Elderly Parent In Georgia

To get guardianship of an elderly parent in Georgia, you need to:

  • File a Petition: Begin by filing a Petition for Appointment of Guardian/Conservator with the probate court where your elderly parent resides.
  • Notify the Elderly Parent: Your parent must be informed of the petition and will be officially served. They have the right to hire an attorney or the court will appoint one.
  • Prepare for Possible Contestation: Be ready for your parent to possibly contest guardianship, which is not uncommon in cases where cognitive issues like dementia are present.
  • Understand Court Preferences: Acknowledge the court’s preference order for appointing guardians, starting with the adult’s own choice, followed by their spouse, adult child, and then the parent.
  • Prove the Need for Guardianship: Show that your parent is unable to make significant decisions regarding their health or safety and that a guardian is in their best interest.
  • Navigate the Legal Process: Recognize that the guardianship process is adversarial, can take 5-8 weeks, and may be contested.
  • Consider Legal Representation: While not mandatory, engaging a seasoned guardianship attorney can facilitate the process and increase the chances of a positive resolution.

Duties Of A Guardian For The Elderly

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:

  • Managing Finances: Taking care of the elderly person’s financial matters, like paying bills and managing their assets.
  • Making Healthcare Decisions: Deciding on medical treatments and care options when the elderly person cannot do so.
  • Ensuring Proper Living Arrangements: Arranging appropriate housing that meets the elderly individual’s health and personal needs.
  • Providing Personal Care Oversight: Making sure the elderly person’s daily personal needs are met, including hygiene and nutrition.
  • Legal Representation: Acting as a legal advocate in matters concerning the elderly individual’s welfare and rights.
  • Reporting to the Court: Regularly updating the court on the elderly person’s status and the guardian’s actions on their behalf.

Emergency Guardianship Of Elderly Parent

(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.

How Much Does It Cost To File For Guardianship In Georgia

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 Georgia

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).

Elderly Parent Guardianship

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:

  • healthcare
  • living arrangements
  • finances 

This is usually a long-term commitment, lasting until the end of the parent’s life.

Guardianship for Parent with Disabilities

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.

Types Of Guardianship For Adults

There are two main types of guardianship for adults:

  • Full Guardianship: This type gives the guardian complete control over the adult’s personal and financial decisions. It’s used when the adult can’t make decisions due to severe disabilities or impairments.
  • Limited Guardianship: This type allows the guardian to make only certain decisions for the adult. The court decides which decisions the guardian can make, based on the adult’s abilities and needs. It’s used when the adult can still make some decisions independently.

Each type is designed to match the specific needs and abilities of the adult requiring guardianship.

Set Up Guardianship Today

If you want guardianship for an elderly parent, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our trust fund lawyers.

Benefits of our guardianship services:

  • Tailored solutions to fit your unique needs and goals
  • You can make healthcare decisions for your parents
  • You can manage your parent’s finances

Avoid the pitfalls of inadequate guardianship strategies:

  • you can’t make decisions for your parents
  • you have no say in their medical treatments
  • you cannot manage their finances
  • the state can step in and make decisions for them

Talk soon.

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