Experienced Guardianship And Conservatorship Lawyer Serving Marietta
For many families, there comes a time when difficult decisions have to be made regarding the well-being of an elderly loved one. It may become apparent that an older person is making questionable financial decisions or is not as sharp as in the past.
In other situations, there may be an adult son or daughter who cannot manage his or her own legal and financial matters due to a disability. Whether your loved one is older or younger, our firm can help.
Attorney Ophelia Chan has years of experience working directly with families in matters of guardianship and conservatorship. We understand that these sensitive issues can lead to hard feelings among family members, and we work to resolve these issues with the utmost care and professionalism.
If you have questions about guardianship or conservatorship in Georgia, please call us in Marietta at 678-894-7917 or complete our contact form. We advise and represent clients throughout metro Atlanta.
Is A Guardianship Or Conservatorship The Best Option For Your Family?
Having a family member or other person appointed by the court to be a guardian or conservator is a possibility. However, for elderly people who are still actively involved in their own affairs and have the capacity to remain active, it might be more prudent to set up a power of attorney. Depending on the needs of the vulnerable person, though, establishing a guardianship or a conservatorship could be a useful path to take.
Sadly, many elderly people in Georgia have been taken advantage of by schemers who have stolen large portions of the elderly persons’ savings. Financial exploitation of the elderly is a growing problem in Marietta and throughout the country. Our firm can help you put legal mechanisms in place to prevent or stop financial exploitation of the elderly.
Understanding Guardianships
For older people who require significant intervention in their affairs, establishing a guardianship might be prudent. Guardians make decisions regarding the care and well-being of their wards, who may no longer have the mental capacity to manage their own affairs.
Conservatorship Management And Administration
If you have been appointed as a conservator, Chan Law Firm LLC can help you administer conservatorship estates. The law requires annual reports to the probate courts on the activities of all conservatorships. The law also requires all conservators to petition for authority to invest, sell or dispose of any of the wards’ property.
Our firm can assist you in:
- Preparing annual returns
- Inventory and asset management plans
- Petitioning for leave to sell or otherwise dispose of the ward’s property
- Petitioning for leave to invest the ward’s property
- Petitioning to encroach on corpus (to use money or property the ward has other than annual income)
- Petitioning for discharge when you have completed the conservatorship
Whether you need help administering the conservatorship estate or have been cited by a court for your actions as conservator, Ophelia Chan at Chan Law Firm LLC can help.
Guardianships And Conservatorships: Frequently Asked Questions
It can feel overwhelming to look into guardianships and conservatorships. They are very complex legal arrangements that involve paperwork, interviews with experts and court proceedings. When entering such a confusing process, you probably have a lot of questions. In this section, you can read some of our clients’ most common questions about guardianships and conservatorships.
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.
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 health care 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 health care and financial decisions in the event that the loved one becomes incapacitated.
Contact Ophelia Chan Today
These disputes can be heartbreaking for everyone involved. If you have concerns about these sensitive matters, please contact us. We are based in Marietta and serve clients throughout metro Atlanta. To schedule an appointment, please call us at 678-894-7917 or send us an email.