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Guardianships And Conservatorships: Frequently Asked Questions

Georgia law allows for measures to be put in place to protect vulnerable loved ones when they are not able to make sound medical or financial decisions on their own. Guardianship and conservatorship are two such measures.

What is the difference between guardianship and conservatorship?

In general, guardianship relates to making decisions about a vulnerable person’s daily care and activities, including where the person lives. For example, an appointed guardian may decide whether a vulnerable loved one should be placed in a nursing home.

By contrast, conservatorship generally relates to making decisions regarding another person’s finances. For example, if an adult child with a disability is unable to manage his or her own money, the parent of the adult child may petition for conservatorship.

What leads to conservatorship and guardianship disputes?

Sometimes other family members disagree with the person who believes that a loved one is mentally incapacitated. For example, adult siblings may disagree about whether their elderly parent can handle money matters or whether the elderly parent needs nursing home care.

In other cases, disputes arise when a family member believes that the guardian or conservator has failed to properly execute the duties of guardianship or conservatorship.

When someone wants to challenge a petition for conservatorship or guardianship, that person must petition the court for authority to compromise a claim.

These disputes can be heartbreaking for everyone involved. If you have concerns about these sensitive matters, please contact us in Marietta. We handle guardianship and conservatorship disputes with the utmost skill and professionalism.

Are there alternatives to guardianship and conservatorship?

Your family’s specific circumstances will determine whether guardianship or conservatorship is the appropriate route to take. If your elderly loved one can still actively make healthcare and financial decisions, then it may be appropriate to create powers of attorney instead of petition for guardianship or conservatorship. By creating powers of attorney, your loved one can name a trusted person to make healthcare and financial decisions in the event that the loved one becomes incapacitated.

Contact Us To Learn More

To discuss your goals and concerns with an experienced guardianship and conservatorship attorney, please call Chan Law Firm in Marietta at 678-894-7917 or contact us by email. We advise and represent clients throughout metro Atlanta.