The unfortunate reality for some Gwinnett County residents is that they no longer have the mental capacity to make important health and life decisions. This can place these individuals in a dangerous position that could prevent them from getting the care they need. It is under these circumstances that a skilled attorney could help arrange a guardianship.
Guardianship is a legal status that places another person in a position to make decisions on behalf of an incapacitated individual. This process requires court approval, even when it is uncontested. That is why it is helpful to seek the guidance of a Gwinnett County uncontested guardianship lawyer.
Many people living in Gwinnett County might confuse the terms “guardianship” and “conservatorship.” There are similarities between these legal concepts but they are not the same thing. Each legal status involves unique and important rights for the ward. A Gwinnett uncontested guardianship attorney can help explain these differences.
Guardianship is a legal status that transfers the power to make vital health decisions from one person to another. The person that makes these decisions is known as the guardian and they make these decisions on behalf of someone known as the ward. The decisions that guardians make are related to the health and medical care of their ward.
As is the case with guardians, conservators also make decisions on behalf of a ward. This legal status also requires court approval in order for it to become official. The important difference in these cases is the subject matter; instead of the medical issues that guardianship covers, a conservatorship is imposed due to the status of financial matters. This includes managing income, protecting investments, and paying debts.
Something else that conservatorship and guardianship petitions often have in common is that they are frequently uncontested. A guardianship petition is considered uncontested when all of the interested parties involved agree that it should be implemented. In these cases, a Gwinnett uncontested guardianship lawyer can help.
There are different factors that make must be present in order for a guardianship petition to be uncontested. First and foremost, some interested parties could object to the entire guardianship process. This is most common when family members believe the proposed ward is capable of caring for themselves. It is also possible for the interested parties to agree guardianship is necessary but disagree on who should serve in that position. Either of these issues could result in a contested guardianship.
There are also significant advantages when it comes to proceeding with uncontested guardianship. The process can take far longer when there is a dispute, which can be problematic if the proposed ward is in immediate need of medical care. The longer the process takes, the more significant the negative consequences for the ward could be.
There are also additional financial costs that come with a contested process, since they frequently result in numerous hearings and lengthy litigation. As time drags on, the legal costs will only increase.
If your loved one requires assistance in making important health decisions, setting up an official guardianship could be the answer. This option can be difficult to secure without the help of legal counsel.
Let a Gwinnett uncontested guardianship lawyer help you protect your loved one. Reach out to our team right away to get started.