Guardianship

Decatur Guardianship Attorney

Georgia Guardianship Laws

Georgia guardianship laws enable an individual to care for a dependent and ensure they have the tools to live a happy, healthy life. Establishing a guardianship allows you to play a vital role in the life of someone you care for, even if you lack parental rights.

At Gibbs Tillery, our skilled Decatur guardianship attorneys can help you understand the guardianship process more thoroughly and work through your guardianship case in court. Obtaining guardianship in GA can be a stressful process—we're here to support you and handle the legalities on your behalf so you can focus on your relationship with your ward.

To schedule a consultation with our team or learn more about how we can help you navigate the guardianship process in Georgia, contact us online or via phone at (404) 471-3874.

Guardianship in Georgia: Common Terms

Before we cover how to file a guardianship case in Georgia and the different types of guardianship you can obtain, it's important to understand the terms we'll use throughout this page and as you work through your guardianship case.

Some common legal terms associated with the guardianship process include:

  • Guardian. Sometimes called a conservator, the guardian cares for their ward. How much influence the guardian has over the ward's life depends on the ward's capacity.
  • Ward. A ward is someone under a guardian's care. Wards are placed under a guardian because they lack the ability to fully care for themselves. Individuals commonly placed in guardianships as wards include:
    • Orphans or children without parents. Until the child is old enough to care for themselves, the guardian fills a parental role in their life.
    • Individuals who are medically incapacitated. If an individual is in a coma or lacks the ability to care for their physical health, a guardian may assist them.
    • Individuals who are developmentally disabled. If a person lacks the capacity to make decisions that pursue their own best interests, a guardian may step in to help them live a full, happy life.
  • Capacity. Capacity governs one's ability to understand the nature and consequences of their own acts.
  • Competence. Competency governs one's minimal ability to complete a specific task. Capacity and competency play a vital role in determining how involved a guardian is in their ward's life.
  • Best interests. A person's "best interests" are whatever actions would help them ensure a happy, healthy life now and in the future. In guardianship cases, the court's primary objective is preserving the ward's best interests.
  • Estate. An individual's assets and liabilities, both tangible and intangible, belong to their estate. If an individual lacks the capacity or competency to make decisions about their estate, the guardian may handle the estate instead.

Familiarizing yourself with at least these basic terms allows you to understand the guardianship process more thoroughly. If you have questions about other legal terms while working through your guardianship case, you should consult your guardianship attorney in Decatur, GA and ask them for help.

Types of Guardianship in Georgia

Guardianship arrangements vary on a case-by-case basis, depending largely on the guardian's relationship with the prospective ward and the ward's physical and mental capacity and competency. That is to say, courts and guardians have a fair degree of flexibility when it comes to developing a guardianship arrangement and pursuing the ward's best interests.

However, we can broadly break down guardianship into three different kinds of arrangements.

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