Attorneys that Understand Guardianship Laws Are on Your Side

by | May 30, 2014 | Legal Services

People that are otherwise unable to take care of their own affairs are awarded guardians. A guardianship is developed for those that are disabled developmentally, elderly that are incapable of caring for themselves, minor children who do not have parents, or for those that are severely handicapped, and can no longer handle their own affairs. A ward is the common term for children and adults that need guardianship. A guardian stands in the place of their ward, when it comes to making decisions. Guardianship is typically awarded to family members or close family friends. Those in Georgia who need to learn more about the guardianship process are encouraged to seek legal advice. Professional attorneys are well informed and can give proper advice concerning guardianship law in Atlanta.

Guardianship Guidelines

Since guardians are allowed to stand in place of their ward when making important life decisions, it is imperative that a guardian consider what their ward desires while keeping the law in mind. Legally, depending on the state, a guardian can be given the right to make all decisions for a ward if the courts see fit. This is understandable where minors are concerned. For those that are mentally incapacitated it is a little different.

The Court Process of Determining Guardianship Due to Mental Incapacity

Although procedures vary per state, there are general procedures that require the services of an expert attorney well versed in guardianship laws. First a petition must be filed in a state court that puts the mental capacity of a person in question. Next the court appoints a medical committee of nurses, social workers and doctors to examine them. The court then appoints a lawyer that will represent the alleged incapacitated person. The committee examines and meets with the party in question and speaks with them personally, and prepares written reports concerning what they learn about the physical and mental condition of the person. This process continues until final reports are written by attorneys and the appointed committee. All of the reports and meetings are discussed in open court and the judge then determines whether guardianship is awarded or not. During this entire guardianship legal process, it is imperative to have skilled and qualified attorneys at your side, that are compassionate and
understanding concerning this tough time.

The Libby Law Firm understands how difficult it can be to try to understand all the legalities concerning guardianship laws. If you need expert legal counsel pertaining to guardianship law in Atlanta, GA, contact them today to schedule an appointment.



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