GUARDIANSHIPS

Guardianship and Probate Lawyers in Douglasville, GA

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Protect Someone You Care About With a Guardianship

If a loved one is unable to care for him- or herself, you may wish to consider a guardianship. A guardianship allows you to make important personal life decisions on another person’s behalf and ensure that they are cared for.


Becoming a guardian can be a confusing process without help from an experienced attorney. This is a very serious role and can be extremely difficult to obtain. You will need to prove to a court of law that your loved one is incapable of making important decisions for themselves. This means all decisions — not decisions you just happen to disagree with.


If you are considering taking on this role, speak with our compassionate attorneys at Nelson Elder Care Law today. Your consultation is free, so call today.

Free Legacy Planning Meeting About Guardianships

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(678) 250-9355

(678) 250-9355

What Is a Guardianship?

A guardianship is a legal arrangement that allows an individual to oversee the financial and personal affairs of another person, known as a ward. This includes basic needs such as housing, food, and healthcare. A court can appoint a guardian to make decisions on behalf of someone who is legally incapacitated.

Guardianships vs. Conservatorships

In both conservatorships and guardianships, a person loses their legal right to make important decisions about their own life. While a guardianship deals with all of a ward’s basic necessities, Conservatorship is limited to the management of their property and finances. To learn more about conservatorships, please visit our Conservatorship page.

When Is Legal Guardianship Necessary?

Every situation is different, and the courts will appoint guardianship on a case-by-case basis. It is important to remember that guardianship is a last resort. You are essentially petitioning a court to remove someone’s constitutional rights. People can suffer from a variety of disabilities and remain capable of caring for themselves. There is a major difference between lacking capacity and simply making bad decisions. A person that makes poor choices but understands their consequences will not qualify for guardianship.


A guardian is responsible for doing whatever is necessary to adequately provide for the ward’s care, support, health, welfare, and education. This could include the following:

Maintaining a relationship and contact with the ward to stay up to date on the ward’s needs, limitations, and health

Deciding where the ward will live

Making medical and legal decisions on the ward’s behalf

Cooperating with the conservator (if this is a different person than the guardian) and providing appropriate funds to them using any money the ward has received

Serving as a Guardian in Georgia

If you are considering a guardianship, the court will determine if you are fit to serve as a guardian. Typically, Georgia courts will select people who have a personal connection with the incapacitated individual. Although there are no formal rules on who may serve as a guardian, this role is usually filled by a family member (such as a parent, child, or sibling), a friend, or a neighbor.


In some cases, a guardianship may be necessary for an incapacitated person who does not have any immediate family. When there is no one able or willing to serve as a guardian, the government may appoint a person as “county guardian.”


If a guardianship petition is denied, you must wait a full two years before reapplying. In the world of elder law, a lot can occur in two years causing even more issues than originally planned for. It is critical that if you petition for a guardianship, your petition must be done properly. Nelson Elder Care Law can help — call us today.


If you wish to serve as a guardian, you should consult our skilled attorneys to discuss the likelihood of court approval in your case. A guardianship lawyer from Nelson Elder Care Law can educate you about the application process and help you complete the necessary legal steps. Call today for a free consultation.

Contact a Georgia Guardianship Attorney at Our Firm Today

Our team knows that it can be difficult to navigate the guardianship process. That’s why we’re here for you from the start. From the beginning of the legal process to completing all of the necessary steps, our professionals are here to provide you with insight, advice, and solutions. We’re more than just probate lawyers in Douglasville, GA. Our versatile team of attorneys can aid you as you work through the guardianship process. Not sure if guardianship is the correct option for you and your family? Feel free to contact us. Our guardianship and probate lawyers in Cartersville, GA are happy to discuss your circumstances with you and work towards solving the issue at hand.


If a guardianship is the right choice for you and your loved one, a skilled attorney from Nelson Elder Care Law can help you file your petition and walk you through the legal processes. Our legal team is ready to help you find a solution that best fits your needs. Learn more about how our probate lawyers in Cartersville, GA can assist you when you give us a call today.


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My mom recently moved here from Florida, and we knew we had to update her will. I started looking into elder care options, and I’m so thankful we found Nelson Elder Care Law. Right from the start, every question was answered, every person was friendly, informative, and supportive, and the process has simply been so easy! We now have such peace of mind because of the services that NECL offers. We will use them again when it’s our turn to get things in order, and we would highly recommend them to EVERYONE. Thank you to each person who has helped us along the way. It’s been a pleasure.

- Kim L. on Google

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Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your family's security and future. No one wants to actively sit down and make these decisions, but Nelson makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision to have them help my mom and dad and now me. You can’t go wrong with Nelson Elder Care Law.

- Hope M. on Google

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