The law allows for a legal status known as conservatorship. This status is awarded by the courts when a person is no longer able to make important financial decisions by themselves. In order to ensure they are protected, the court could appoint a conservator to oversee their financial situation.
There are times when no interested parties object to a conservatorship petition. In these cases, a skilled attorney could move quickly to ensure your loved one has the guidance they need on all of their financial matters. The assistance of a Gwinnett County uncontested conservatorship lawyer could be vital to the success of your petition.
There is a process that allows for interested parties to raise objections during the course of a conservatorship case. Before a judge grants a conservatorship petition, they will take into account any objections raised by other interested parties. These individuals could include family members of the proposed ward or even the proposed ward themselves.
There are different reasons why one or more interested parties might object to a petition for conservatorship. For example, it is not unusual for a loved one to disagree with the claim that the proposed ward is no longer able to take care of their own finances. Alternatively, other objections involve a dispute over who should serve as the conservator.
Not all contested conservatorships remain that way. In some cases, the conflicts that arise are resolved with all parties coming together to support the process. A Gwinnett uncontested conservatorship attorney can help resolve these conflicts and avoid costly, time-consuming litigation.
It is not uncommon for Gwinnett County residents to use the terms conservatorship and guardianship interchangeably. Each of these processes has the potential to be uncontested, and there are other similarities as well. However, there are important differences that should be taken into account.
A conservatorship is entirely related to questions of finances. If a person cannot handle their own finances without putting them at risk, a conservator might be appropriate. There are various financial issues that a conservator could address, and their role could be to manage income or deal with expenses. A conservator could also be tasked with making investments on the ward’s behalf.
Unlike conservatorship, guardians do not make any decisions related to a ward’s finances. Instead, their role is to make decisions based on their health needs. This could involve determining whether or not surgery is necessary, or the selection of a primary care physician.
It is also helpful to remember that some people are in need of both conservators and guardians. In these cases, the court must take on two separate petitions. However, the same person could serve in both roles at the same time. This is common when a person is entirely incapacitated and unable to make any decisions on their own. A Gwinnett uncontested conservatorship lawyer can advise on when either of these options is necessary.
No person wants to see their loved one unable to manage their own finances. However, the reality is that the support and assistance of a conservator is often necessary.
You do not have to take on the challenge of seeking conservatorship for your loved one on your own. Contact a Gwinnett uncontested conservatorship lawyer right away.