Circumstances sometimes occur that render an adult unable to manage their own affairs. In such cases, a court could appoint a conservator to handle the individual’s money and make certain decisions for their benefit. Having the guidance of a trustworthy attorney could make understanding this process easier.
If you know an adult family member or loved one requires someone else to have the legal authority to make decisions on their behalf, a Milton uncontested conservatorship lawyer can help you. A skilled team member can explain the legal procedures involved in becoming a conservator and help you make your case to the court.
Anyone who cannot manage their financial life due to a lack of mental capacity might need a conservator. In custodial cases, this type of individual is called the proposed ward. A conservator manages finances for a ward while a guardian makes their healthcare and other life decisions.
Several common scenarios might lead to the need for a conservator. Older adults who develop dementia or another age-related cognitive impairment might require help in handling their estate. A developmentally or intellectually disabled person could need a conservator if they cannot manage their money without assistance or supervision. A child who has inherited an immense trust or won substantial damages in a lawsuit might also require a custodian to handle their finances until they reach adulthood.
If a situation arises that suggests a person is incapable of managing their affairs, then a conservatorship is often the answer. Even if naming a custodian or conservator is uncontested, consulting with a Milton attorney can give a concerned family a better understanding of their legal alternatives.
If the family agrees that a specific person should be the ward’s conservator, the proposed individual must file a conservatorship petition with the Fulton County Probate Court. The petition must demonstrate that the proposed ward cannot manage their affairs and that conservatorship serves their best interest.
Once the Probate court receives a completed petition, it will appoint a physician, psychologist, or social worker to evaluate the proposed ward and confirm the need for assistance. The court might appoint an attorney for the proposed ward unless they already have legal representation and could order a background check on the proposed conservator. Retaining the services of a Milton uncontested conservatorship attorney can help result in a smoother process for those involved.
If all given information and evaluations are deemed acceptable, the judge will administer an oath to the intended custodian explaining their obligations under the law. The Georgia court will then issue a Letter of Conservatorship which provides the legal authority for the conservator to access the ward’s funds, pay their bills, and take other necessary actions to support their best interests.
Once appointed, the Official Code of Georgia Annotated § 29-5-30 imposes reporting requirements on the conservator. The law says that a conservator must take an inventory of all the ward’s assets and possessions, and file it with the courts within 60 days. This document must also include the conservator’s plan for managing and distributing these assets. There will also be an annual reevaluation of this information.
If one of your loved ones is not capable of handling their financial affairs, conservatorship could protect them. An approved custodian could prudently manage the ward’s money while ensuring all their needs are met.
Appointing a conservator is a multi-step process, but a Milton uncontested conservatorship lawyer could guide you through it. Make an appointment to speak with a knowledgeable member of The Khaki Law Firm today.
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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).
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