Guardianship & Conservatorship - Top Atlanta Law Firm

When a person is unable to care for himself because he is a minor or an incompetent adult, he needs someone to provide for his care.

With proper planning (i.e., advance directives for healthcare and financial powers of attorney), he will have named certain people to take charge of his healthcare and finances. Too often a person does not do such planning, and the only way to put someone in charge of his care is through a petition for guardianship and conservatorship.

A guardianship and conservatorship are relationships established by a probate court to provide for the care of a minor or incapacitated adult (referred to by the court as a “ward”). A guardian is appointed to manage a ward’s care, and a conservator is appointed to manage a ward’s estate and finances. Upon a petition by an “interested person” (typically a family member of the ward), the court will appoint a guardian and conservator for the ward who will be responsible for ensuring the ward’s person and property are properly managed. The proceedings can result in litigation if (1) someone disputes the ward is actually incapacitated (the ward is usually the person who makes this challenge) or (2) someone disputes that the nominated guardian or conservator would serve the best interests of the ward.

We represent clients in guardianship and conservatorship proceedings, including those that result in litigation. We help our clients prepare the petition in a way that ensures the court will order an evaluation be performed, correspond with the various parties appointed during the action, such as court-appointed attorneys and guardians ad litem, and prepare to testify at the required hearing to maximize our clients’ chances of obtaining their desired result.

When a guardianship proceeding is disputed, we advocate for our clients whether they are the petitioners seeking to be appointed guardian or another interested party seeking to prevent the petitioner from being appointed. Our main goal in our guardianship advocacy is to help our clients ensure the ward’s best interests are being served.

Ed Rappaport has experience assisting clients with incapacity and guardianship matters. Kasey Libby gave a presentation about client capacity, an important subject for attorneys dealing with potential Wards, Guardians and Conservators. Kasey spoke on “Client Capacity Considerations in Elder Law: Legal and Ethical Challenges When Evaluating Clients,” published by Strafford Publications, Inc. Kasey volunteers as a court appointed guardian ad litem for Fulton County.