State law provides several options for protecting individuals who no longer have the capacity to make crucial financial decisions on their own. For instance, a probate judge may appoint a third party as a conservator to make decisions regarding the ward’s finances, including investing their money or paying their bills.
When all parties involved—including the proposed ward—agree that a conservatorship is necessary, a local attorney can help you file an “uncontested” case with limited costs and delays. Before you pursue a petition on your own, discuss the matter with a Fulton County uncontested conservatorship lawyer.
There are many situations where all interested parties agree that a conservatorship is necessary. This is most common in cases where the proposed ward is in a condition that prevents them from making their wishes known at all.
However, it is not unusual for interested parties, including the ward, to either disagree with the proposed conservator or to reject the notion that a conservatorship is necessary at all. The proposed ward has the right to object and be heard during conservatorship proceedings. Many potential wards who believe they are capable of making their own decisions deny the need for someone else to oversee their finances.
Other interested parties and family members could also contest a conservatorship. These individuals might disagree with the proposed conservatorship entirely, or they might believe another person would be a better fit for the role.
In either case, it is advantageous for interested parties to reach an agreement on these matters before taking legal action.
A conservatorship is treated as uncontested when individuals with the power to do so choose not to object. There are benefits to avoiding a contested proceeding. Contested conservatorship proceedings can take much longer to resolve, and the financial cost could be substantially greater. This means that agreeing on the need for, and appointment of, a conservator can significantly hasten the legal process and get your loved one the financial oversight they need much sooner than if you had battled over the terms of a conservatorship in court.
Fortunately, a Fulton County attorney could assist with an uncontested conservatorship in many ways. When all interested parties are in agreement about their loved one’s need for a conservatorship, an attorney could move the process along without unnecessary delays by ensuring the timely filing of documents with the appropriate courts.
An attorney could also help resolve any disagreements between interested parties and find creative solutions to disputes before the conservatorship petition is ever filed. This would allow your family to move forward with an uncontested conservatorship and make a decision that is in the best interest of your loved one.
The thought of seeking conservatorship of a loved one can be daunting. If you are considering this option, now is the time to speak to legal counsel. A Fulton County uncontested conservatorship lawyer at our firm can answer your questions and advise you on your options. For a confidential consultation, call our intake team today.