Legal Question in Wills and Trusts in Georgia

What are the laws in georgia regarding guardian ship of a senior with no husband, no children and who is unable to make decisions regarding her health and finances


Asked on 3/29/11, 5:25 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Your request to tell you all the laws is not appropriate. If you have a specific question, provide the facts and ask the question.

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Answered on 3/29/11, 5:29 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It would take an entire book to answer your question, which sounds like a general homework assignment.

If this is in fact YOUR legal problem, post specifics and then someone can answer.

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Answered on 3/29/11, 6:13 pm

I don't understand what you are asking. If the senior citizen cannot make decisions on her own behalf, does she have any relations that can act on her behalf? If not, does she have any friends or acquaintenances, like you, for example? If so, the person who intends to be guardian should probably get a lawyer to file a guardianship petition. The senior citizen (called a ward) will have to be served and a guardian ad litem (her own lawyer) might also be appointed. At the hearing, it will have to be established through medical evidence that the senior is not capable of making her own decisions. If the court agrees, then a guardian (also called a conservator) of her estate will be appointed and that person will manage her finances and property.

If you are merely concerned but don't want the job, try contacting the state or county mental health department or department on aging. Some places have public guardians and the agency can get one apointed. But this is something to be avoided at all costs. A public guardian, while they might mean well, is usually a lawyer in town. Their interest is not in seeing that the senior is taken care of. They wil put the senior in assisted living and start liquidating the person's assets. So try and avoid this.

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Answered on 3/30/11, 3:35 pm


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