Guardianship & Conservatorship

Our firm often represents clients seeking guardianship and conservatorship for individuals who can no longer manage their personal or financial affairs.  We also help clients fulfill the duties created by these new roles.

Becoming a guardian and/or conservator enables a person to be there in a decision-making capacity for individuals who are incapacitated either through illness or injury, or who have not yet reached legal adult age (18).   Petitioning to become a conservator or guardian is a complex process, and few people should go through it alone.

What is a Guardianship?

A guardian is granted custody and control over an incapacitated individual by the court. Guardians are responsible for making sure the ward 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.

What is a Conservatorship?

A conservator is granted control over financial matters for an incapacitated individual, such as paying their bills, filing taxes, determining a budget for the ward, taking care of the ward’s investments, etc. A conservator has no authority to make decisions regarding the ward’s personal affairs.

In Georgia, guardianship and conservatorship is the process by which an individual seeks appointment through the court as official legal representative of another person. Once a guardian and/or conservator is appointed for someone, then that person’s legal right to make significant decisions has been removed.

Our firm is experienced in guardianships and conservatorships in Georgia. If you need a guardianship or conservatorship attorney in the Atlanta area or anywhere in Georgia, please contact us.  We can help you understand when it is appropriate to seek guardianship or conservatorship.  We can also help you understand the steps involved in the guardianship and conservatorship process in Georgia.