Many different circumstances could render someone unable to make decisions about their own health or wellbeing. When help is needed, guardianship might be the answer.
When the family of a proposed ward is in agreement about getting a guardian for their loved one, an uncontested guardianship may be possible with the help of a skilled attorney. Resolving issues surrounding guardianship without conflict could help ensure your family member’s needs are met sooner. Consult with a Buckhead uncontested guardianship lawyer before moving forward.
While it is not uncommon to associate guardianship and conservatorship together, there are some notable differences between them. For example, guardianship involves a probate judge appointing a third party to make important life decisions on behalf of a person who is unable to do so themselves. Generally, this involves minor children or adults who are incapacitated, and the important life decisions have to do with the health or safety of the ward.
Conservatorship is similar, as it also involves the appointment of a third party to make important decisions on someone else’s behalf. Where conservatorships differ is the subject matter, as they only deal with the management of the ward’s income and assets.
Only three parties can legally petition the court for guardianship in Buckhead. A local lawyer could assist any of them with the process of becoming a guardian.
First, any two interested individuals can file a petition for guardianship of an adult. They must serve the proposed ward with notice and make their case at the hearing that guardianship is necessary.
Otherwise, if a single individual files a petition, they must do so along with an affidavit from a social worker or psychologist attesting that they examined the proposed ward in the 15 days prior to filing.
Finally, a proposed ward can seek guardianship on their own. Regardless of where you stand in the process, a dedicated attorney can assist you.
While the guardianship process in Buckhead is often uncontested, meaning all interested parties agree on the need for guardianship and the identity of the guardian, that is not always the case. Every case requires a hearing for a reason, as this hearing provides an opportunity for interested parties to object.
There are two different ways an objection might occur. First, it could be raised to the entire process. If the family of the proposed ward does not believe guardianship is necessary, that issue can be raised in court. Second, some disputes center on who will serve as the guardian. Regardless, the issue of who will be a ward’s guardian is ultimately decided by the courts.
The prospect of obtaining guardianship over a loved one and navigating the process can be overwhelming. Even when the guardianship is uncontested, it can be difficult to know exactly how to proceed.
Let a qualified Buckhead uncontested guardianship lawyer assist you and your loved one during this difficult time. Call today for a confidential consultation.
Contact The Khaki Law Firm Today
With offices in Alpharetta, Atlanta and Marietta, we provide legal assistance to people throughout Georgia and the Southeast in all matters of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
We are ready to help you, and offer multiple ways to reach us.