Estate Planning
Guardianship Attorney in Georgia
For Georgia families navigating incapacity, minor guardianship, or adult care situations without the right documents in place.
What Georgia Guardianship Requires — and Why Proper Planning Avoids It Entirely
When an adult becomes incapacitated without a power of attorney in place, the only way to manage their affairs is through a Georgia court-supervised guardianship — a process that costs thousands and takes months. For families with minor children, guardianship designations in your will determine who raises your children if both parents die. We build the documents that eliminate both risks.
Two Situations Where Georgia Families Face Guardianship
Guardianship in Georgia is a court process that gives one person legal authority over another person’s decisions. It is expensive, slow, and emotionally difficult — and it is almost always avoidable with the right planning in place before a crisis.
Adult Guardianship: When Incapacity Hits Without Documents
If your spouse, parent, or adult child becomes incapacitated — through a stroke, accident, or advancing dementia — without a valid durable power of attorney in place, no one has automatic legal authority to manage their finances or healthcare. Banks will freeze accounts. Medical decisions stall. Your only option is to petition the Georgia probate court for guardianship and conservatorship.
Georgia guardianship proceedings typically take three to six months, cost $3,000 to $10,000 in legal fees, and require ongoing court supervision afterward. A durable financial power of attorney and advance healthcare directive, signed while the person has legal capacity, give a named agent immediate authority — no court, no waiting, no annual reports. These documents cost a fraction of a guardianship proceeding and accomplish the same result.
Minor Guardianship: Who Raises Your Children
If both parents die while their children are minors, a Georgia probate court will appoint a guardian unless the parents have designated one in a valid will. Without a designation, any relative can petition the court — and the judge has broad discretion. A will with a properly drafted guardianship designation names the person you trust, explains your reasoning, and names alternates so your children are never in legal limbo.
How We Help Georgia Families Avoid Guardianship Entirely
The goal is simple: make sure your family never needs a court to manage your affairs or your children’s lives.
For Adult Incapacity
Every estate plan we build includes a durable financial power of attorney and advance healthcare directive. These two documents give your named agent immediate legal authority to manage your finances, make healthcare decisions, and access your medical records if you become incapacitated — without any court involvement. Georgia banks, hospitals, and financial institutions require specific language in these documents to honor them. We draft the versions that work.
If a family member has already lost capacity and no documents exist, a guardianship or conservatorship proceeding may be unavoidable. We can guide your family through that process in Georgia probate court — and we will tell you honestly when a less-invasive option may still exist.
For Minor Children
Every estate plan we build for parents of minor children includes a guardianship designation in the will, alternates named and ranked, and a letter of instruction. We also discuss the practical side: whether the guardian should be the same person managing the financial trust for the children — often there is a good reason to separate these two roles — and how a trust can specify when and how the children receive assets.
How It Works
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
Melissa Designs Your Plan
She builds your estate plan from scratch based on your specific assets and family. You get an exact quote before you commit to anything.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Your Plan Is Complete
Melissa delivers your completed documents and explains exactly what your family needs to do. You leave knowing your plan is in place and your family is protected.
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs every plan at The Hive Law and handles every client consultation herself. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
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What Our Clients Say
After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
We highly recommend Hive Law. They were extremely helpful and professional in guiding us through the process of creating a Revocable Living Trust. Melissa and Shawn were thorough, answered all our questions, and made a potentially confusing process easy to understand.
The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!
My mom chose The Hive firm to help with estate planning after my father passed away. They were very thorough in explaining every step of the process. They made a difficult time much easier to navigate. I highly recommend The Hive Law for anyone needing estate planning services.
I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!
Working with Shawn and Melissa at The Hive Law has been a great experience. They are very knowledgeable and took the time to explain all of our options. They made the process of setting up a trust simple and stress-free. I would highly recommend them to anyone needing estate planning.
The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!
Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.
Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.
The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them! Don't let your estate be turned over to Probate!!
Frequently Asked Questions
Yes — in almost every case. A durable financial power of attorney gives your named agent immediate authority over your finances if you become incapacitated, and an advance healthcare directive does the same for medical decisions. Together they eliminate the need for a court-supervised guardianship in most situations. The exception: if a person has already lost capacity, they cannot sign new documents and guardianship may be the only option.
In Georgia, guardianship gives authority over personal and healthcare decisions for an incapacitated adult. Conservatorship gives authority over financial decisions and property. Both require separate court petitions and ongoing court supervision. A well-drafted estate plan — durable power of attorney plus advance directive — replaces both without any court involvement.
Any interested party can petition Georgia probate court for guardianship — a spouse, adult child, sibling, or even a non-relative who can show a close relationship. If multiple people petition, the court decides who is appointed. A durable power of attorney pre-names the person you trust, so no court decision is required.
No. The will creates a strong presumption in favor of your choice, but the probate court must still formally appoint the guardian. In most uncontested cases, the court follows the will’s designation. In contested cases — where another family member objects — the court weighs the best interests of the children.
Georgia law does not allow minor children to directly receive assets above a small threshold. If you die without a trust, any inheritance for minor children must be managed by a court-appointed custodian. A revocable living trust with a children’s subtrust specifies who manages the money, how it is spent, and when the children receive outright control — all outside of court.
Yes. We handle both sides — proactive planning that makes guardianship unnecessary, and active proceedings when a family member has already lost capacity. If your family is already in crisis, call us and we will assess whether a less-invasive alternative still exists or whether a court petition is the right path.
Stop carrying this around.
A conversation with Shawn. You'll walk away knowing what your family needs and what it costs. That's it.
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