Guardianships and Conservatorships

McLeod Law Firm provides comprehensive estate planning services to clients in Gainesville, GA, Braselton, GA, and throughout North Georgia. If you or someone you love needs helping managing your affairs, you may need a guardianship or conservatorship. We recognize the gravity of your situation and can work closely with you to determine the most optimal legal solution. Whether you are seeking a guardianship for a minor child, or a conservatorship for a disabled adult, we provide sympathetic legal support during each stage of your case.

Guardianship is when a person is authorized to make decisions for another person known as a ward. Often a guardian is appointed by the probate court when the person in need of a guardian suffers from mental illness or any other mental or physical condition rendering them unable to care for themselves or their property. The guardian may need to make decisions about such issues as housing or transportation for the ward and the required personal care.

The guardianship may be unlimited or it may be limited as to its scope and its duration.

A guardian is a fiduciary having a responsibility to act in the best interest of the ward. If the family becomes concerned that the guardian is not acting in the best interest of the ward, it is possible to remove the guardian if a court finds that there is a breach of fiduciary duty.

A conservatorship is created when the probate court appoints a person to manage financial affairs or make decisions relating to the property of another person. A conservator may need to give an asset inventory to the court, post bond, handle the protected person’s bank accounts and debts, apply for benefits, and account for the expenses of the conservatorship.

Like a guardian, a conservator is a fiduciary having responsibility to act in the best interest of the protected person. A conservator also may be removed if the conservator does not act in the best interest of the protected person.