Guardianship & Conservatorship
Addressing The Unexpected or Planning For The Future
Whether you are seeking an adult guardianship for your child with special needs who is approaching an eighteenth birthday, for your parent who has been diagnosed with Alzheimer’s disease or other form of dementia, or a loved one who has been in a serious accident and is not able to make or communicate his or her own decisions regarding healthcare and finances, Kate Thompson and her team at Arnold & Thompson, P.C. are here to guide you through the process.
Guardianship
Guardianship is the court-supervised role of making medical and day-to-day decisions for another adult. If a judge finds that an adult is incapacitated and unable to make his or her own decisions regarding healthcare and day-to-day living, the judge will appoint a guardian to make those decisions instead. The guardian will have the responsibility of determining where their ward will live, what doctors he or she will see, and what medical treatment he or she will receive.
Conservatorship
Conservatorship is the court-supervised role of handling the finances of a minor or an adult ward. If a judge finds that an adult is incapacitated and unable to make his or her own financial decisions or if a minor becomes entitled to a sum of money through settlement or inheritance, the judge will appoint a conservator to handle those financial affairs. Conservators are fiduciaries who are limited by Georgia law on how the funds can be spent and are responsible to report to the court any expenditures and to show at regular intervals that all the funds they are managing remain in the account.
The Process
The guardianship process for an adult is a fairly lengthy process because it involves the taking away of certain rights (to consent to medical treatment, to enter into contracts, etc.) from that individual. There is an independent medical/psychological evaluation to ensure that the guardianship and conservatorship are warranted, notice to the proposed ward’s family members is required, an attorney will be appointed to represent the proposed ward, a guardian ad litem (or GAL) may be appointed, and a court hearing will be held. This process can take several months even if the matter is uncontested. If family members disagree on whether there is a need for the guardianship and conservatorship and/or who should serve in those roles, the court hearing will be much lengthier and can involve multiple witnesses, presentation of many documents to the court, and legal argument. The judge will receive all of this evidence and ultimately make the decision as to whether a guardian and/or conservator are needed and, if so, who will be appointed.
In emergency situations, there is an alternate, expedited court process for an emergency guardianship and conservatorship. Kate can provide guidance based on your situation as to whether that process is appropriate, viable, and in your and your loved one’s best interests.
Kate Thompson began her career as the Staff Attorney in the Henry County Probate Court, so she is familiar with the procedure the court follows in processing guardianship and conservatorship petitions. Kate also regularly serves the Henry and Rockdale County Probate Courts as court-appointed attorney or GAL in guardianship and conservatorship matters. This work allows Kate to keep her skills sharp in these matters by seeing a wide variety of cases from a different perspective.
Annual Reporting Requirements
Conservators must file an annual report, usually called an Annual Return, each year with the probate court. This Annual Return is due 60 days following the anniversary date on the Letters of Conservatorship and is a detailed report of the Ward’s income and expenditures made by the Conservator which is required to balance to the penny. Kate and her team are available to assist with preparation of Annual Returns on an as-needed or ongoing basis.
County Conservator Practice
Attorneys Emmett Arnold and Kate Thompson both currently serve as County Conservators for Henry County. In this role, they are responsible for handling funds for minors and incapacitated adults who do not have a family member who is able or willing to serve as conservator. Our team is experienced in handling funds; paying monthly bills; managing property, investments, and legal settlements; and all other matters that become part of conservatorships.
Client Testimonials
