When a person is left unable to make important decisions in their life due to an illness or injury, the court has the power to step in and appoint a guardian for them. A guardian can act on behalf of that individual by making critical life decisions. A well-practiced attorney can assist in the guardianship process.

Certain interested parties have the right to object to guardianship, but objections are never guaranteed. It is possible to obtain an uncontested guardianship when all parties agree on its terms. A Forsyth County uncontested guardianship lawyer can help your family ensure that your loved one’s needs are adequately met.

Differences between Conservators and Guardians in Forsyth County

State law draws clear distinctions between the terms “guardian” and “conservator.” Despite their similarities, there are important differences to consider. While they both describe a legal status that empowers a third party to make important decisions on a ward’s behalf, the specifics of these decisions can vary greatly.

Conservators are empowered to make financial decisions on behalf of a person who cannot do so on their own. This could include determining how to distribute earnings or handle investments. Guardians have powers related to important personal decisions, such as those regarding the ward’s health and wellbeing.

Understanding Uncontested Guardianship Cases

The law does not recognize the difference between contested and uncontested guardianship. Instead, the terms are used informally to reflect whether or not the interested parties (i.e., the proposed ward and their family) have any objection to the process.

Any guardianship case could have an array of interested parties, and it is possible that each of them feels differently about how things should play out. When all of the interested parties agree that guardianship is the best option, the process is considered uncontested.

If one of the interested parties in the case raises an objection, it could result in costly and time-consuming guardianship litigation. For instance, conflicts often arise when a family member or the proposed ward believes living independently is still an option. Families who are able to resolve these conflicts and reach an amicable agreement can rely on a Forsyth County attorney to file for an uncontested guardianship on their and their loved one’s behalf.

Who Can Serve as a Guardian in Forsyth County?

The procedural requirements associated with serving as a guardian apply regardless of whether the process is contested or not. While there are not many requirements that must be met, failure to do so will prevent the proposed ward from serving as a guardian.

Guardians cannot be minors or wards of other guardians or conservators, according to state law. Additionally, a person with a conflict of interest with the proposed ward cannot serve as their guardian. A local attorney can provide more insight on who qualifies to serve as a guardian.

Talk to a Forsyth County Uncontested Guardianship Attorney Today

Every guardianship case has its challenges, and uncontested cases are no exception. Between meeting legal requirements and filing deadlines, the support and representation of an attorney could be vital.

If you are considering guardianship for a loved one, you could benefit from speaking with legal counsel right away. Contact a Forsyth County uncontested guardianship lawyer for more information about your rights and options.

Recent Blog Posts
Atlanta Divorce Law Group Wins Best Divorce Attorney for 2022
ALPHARETTA, Georgia – Sara Khaki, Attorney and Founding Partner of Atlanta Divorce Law Group, Happily Ever After Divorce®, announces...
Divorce Attorney Allen Russell Wins Best Attorney in 2022 Best of Buckhead
ALPHARETTA, Georgia — Atlanta Divorce Law Group announces that Divorce and Family Law Attorney and Partner Allen Russell has...
Can I Get a Divorce in Georgia if I Was Married in Another State?
It is not uncommon for couples or families to relocate throughout the years. If you were married in another...
View All Posts
N/A

Atlanta Divorce Law Group

Alpharetta Office

Atlanta Divorce Law Group
3560 Old Milton Parkway,
Alpharetta GA 30005

Buckhead Office

Atlanta Divorce Law Group

3355 Lenox Road,
Suite 750

Atlanta GA 30326

By Appointment Only
Marietta Office

Atlanta Divorce Law Group

533 Johnson Ferry Rd
Suite D-450

Marietta GA 30068

By Appointment Only
Suwanee Office

Atlanta Divorce Law Group

593 Main St,
Suite B,

Suwanee GA 30024

By Appointment Only
Alpharetta Office

Atlanta Divorce Law Group

5755 North Point Pkwy
Suite 206

Alpharetta GA 30022