There are times in life when a person is no longer able to make important life decisions on their own – often following a serious injury or illness. Rather than leaving these individuals helpless, the State allows courts to appoint a third-party, known as a guardian, to make these decisions on their behalf.
Many guardianships are uncontested, meaning the family of the person in need agrees on who should be appointed as guardian over their loved one. While court approval is necessary, a dedicated attorney can help make the process go smoothly. You can learn more about your options during a discussion with an Alpharetta uncontested guardianship lawyer.
Different circumstances might lead the court to determine that guardianship is appropriate. For example, guardianship is commonly used in cases where minor children have lost their parents. Courts will also assign minors a guardian when it is determined that their parents are unfit to care for them.
Adults can also be assigned guardians by the courts. When an adult lacks the ability to care for themselves, a judge can appoint a guardian on their behalf. This is most common in situations where a person is found mentally unfit.
Many times, a person in need of guardianship protection has many different loved ones in their lives. Each of these people might feel differently about the prospect of guardianship, or they might all be united.
There are different reasons why guardianship might be contested. In some cases, the family of the potential ward might believe that guardianship is unnecessary. This is especially common when the individual in question does not want a guardian, despite their actual best interests. Conflicts can also arise when the family agrees guardianship is necessary but disagrees on who should serve as the guardian.
Family members who can agree on these matters, however, may suggest a guardian for their loved one. If the court deems the person as a good fit, they may be awarded guardianship powers. In either case, the court will ultimately make the determination regarding guardianship, regardless of whether it is uncontested or not.
Even if the family of the proposed ward agrees that guardianship is necessary, there are some limits on who can serve in that capacity. First and foremost, only adults may serve as guardians, according to state law, and wards are prohibited from serving as guardians to others.
There are also limits based on conflicts of interest. For example, if a person has a conflict of interest with the proposed ward, court approval is required to waive that conflict. The conflict cannot be waived in cases where the proposed guardian is the operator, owner, or an employee of the long-term care facility where the proposed ward lives.
In these instances, even the unanimous agreement of the family will not be enough. There is an exception for blood relatives, however. An Alpharetta attorney can offer more insight on who can serve as a guardian during uncontested proceedings and who cannot.
Anyone preparing to file for guardianship over a loved one should not to take on this challenge alone. Navigating the legal system can be difficult without the right attorney guiding you.
Let an Alpharetta uncontested guardianship lawyer help you provide for your loved one in their time of need. Call right away to set up your confidential consultation.