Marietta Estate Planning in the Comfort of Your Home

How do I become the legal guardian of my father or mother in Georgia?

Many of my clients have parents whose health is starting to falter. They may be unable to make decisions for themselves about their health, safety, or finances. However, in some cases the parents are reluctant to give up any control over their assets and don’t want anyone else to be able to make decisions for them.

I usually recommend that if possible, elderly individuals execute a power of attorney and a Georgia Advance Directive for Healthcare (in addition to a Will). A power of attorney and a healthcare directive will allow a named individual to make decisions about finances and health care in the event the elderly person is unable to do so.

In some cases, the elderly person no longer has the capacity to make good decisions about his or her finances, health, safety or welfare. In other cases, the elderly person might be being taken advantage of by a family member or friend, and doesn’t want anyone else to make decisions for him or her. In those cases, a guardianship or a conservatorship may become necessary.

A guardianship is a legal process in which a person asks the probate court to give him or her control over an adult’s health, safety and welfare. A conservatorship is similar but gives control over finances. Guardianships and conservatorships are often expensive and time-consuming, but in many cases are necessary to protect an individual from either being taken advantage of or from making poor decisions.

If you believe your mother or father or another loved one is in need of a guardianship/conservatorship, call Sarah White, Cobb County guardianship attorney, at 678-453-6490. She will help you walk through the process and will also help determine if any alternatives exist.