Any time an individual lacks the capacity to make legal decisions on their own, the court may step in to appoint a guardian who would help that individual make daily decisions. Guardianship is generally only awarded in limited circumstances, but it can be invaluable to the lives of wards who cannot make their own decisions.
When none of the interested parties object to the appointment of a guardian, a seasoned attorney can help you file an uncontested petition for guardianship of a loved one. Let a Fulton County uncontested guardianship lawyer help you consider your options.
While there is no explicit mention of “uncontested guardianship” in any state law, this informal term describes a situation where every interested party to a guardianship agrees that it is necessary and on the identity of the proposed guardian. In other words, an uncontested guardianship only occurs when there are no objections to the petition upon its filing.
When challenges are raised by the proposed ward or another interested party about the need for or identity of a guardian, it can drag out a case and cause otherwise avoidable delays. It is advisable to resolve these disputes before filing a petition for guardianship. An attorney in Fulton County can help you and other interested parties reach an agreement and assist with every step of the uncontested guardianship process.
The qualifications for a guardian are the same regardless of whether an interested party objects to the process or not. Before the court appoints a person to serve as guardian, the judge must first ensure that all the necessary qualifications have been met. A Fulton County uncontested guardianship attorney can help ensure a proposed guardian qualifies under state law.
A guardian must be an adult, and they cannot be the ward of another guardianship or conservatorship themselves. Additionally, guardians cannot have conflicts of interest with wards.
There are also limits on who can petition the court for guardianship in Fulton County. While the law allows adults to petition the court to obtain a guardian for themselves, a third party usually pursues this option on a potential ward’s behalf. Typically, two people must attest that guardianship is necessary before filing a petition jointly. The process is a little more complicated for a single individual petitioning for guardianship, in which case, they must attach an affidavit from a psychologist or social worker affirming that the protections of guardianship are needed.
If you are considering guardianship for a person in your life, it is important that you follow all necessary requirements. Any failure to meet these requirements could put your petition for guardianship in jeopardy.
Let a Fulton County uncontested guardianship lawyer help you resolve any disputes before going to court and pursue the right outcome for your loved one. Call today to arrange a private consultation.