Guardianship may be appropriate if your loved one has an illness that takes away her ability to make sound decisions or if a child is left without parents. There is much more to this important role, so let us answer a few frequently asked questions about guardianship in Georgia:
What is a guardian?
A legal guardian is a court-appointed position that gives one person the authority to care and make decisions for another person. To be a guardian, you must petition for this role through the court. There are forms and filing fees involved, and your family law attorney can seamlessly guide you through this journey to help you obtain the best possible outcome.
What are the different types of guardianship?
You can be declared a guardian over a person or a property. If you are a guardian of a property, you are considered a conservator. The conservator generally only has the power to pay bills, make investments, and be in charge of financial matters. The conservator role is much more limited in power than the guardian role.
A guardian can make legal decisions for another person such as medical care, housing decisions, education (for a minor), and others.
What is the difference between a permanent and emergency guardianship?
A permanent guardianship is created if a minor does not have an adult to care for them or if an adult cannot take care of himself. Generally, the guardianship will end when the child becomes a legal adult – at 18 years old; or, if it’s for an adult, it will end when the adult is deceased or can care for himself once again.
An emergency guardianship is created if an illness is present, immediate risk of death, serious injury, and other emergent matters. The emergency guardianship is only valid for 60 days. To extend the guardianship, you must petition for a permanent guardianship.