When a person lacks the legal capacity to make important life decisions on their own, guardianship could be a viable option. Often, the guardianship process is uncontested, meaning that other family members do not object to their loved one’s need for a guardian or to the identity of the potential guardian.
Even without an objection, guardianship can be challenging to secure without the help of a dedicated attorney. Learn about your options from a Marietta uncontested guardianship lawyer.
Not only are there limitations on who can ask the court to place another person into guardianship, but there are also limits on who can serve in this role. An uncontested guardianship attorney can assist you with every aspect of this process.
There are several options for seeking guardianship. In fact, the proposed ward themselves has the right to initiate the process. However, other individuals can also petition the courts for guardianship over that person. If there are two parties willing to seek guardianship, they can file a petition together, notify the proposed ward, and set a hearing date.
It is also possible to initiate guardianship proceedings alone on behalf of the potential ward. However, when there is only one person filing, they must include an affidavit from a social worker or psychologist attesting that guardianship is necessary based on an assessment conducted in the 15 days prior to filing.
There are important limitations to consider when it comes to serving as a guardian. According to state law, even the uncontested agreement of all interested parties cannot overcome these limitations.
For starters, minors are prohibited from serving as guardians under any circumstance. In addition to being an adult, a guardian must also not be a ward themselves. That means a person with a guardian is prohibited by law to serve as the guardian for someone else.
Furthermore, the law accounts for conflicts of interest. A person with a conflict of interest with a proposed ward cannot serve as their guardian unless the court waives the conflict. Another example of a conflict of interest is an owner or operator of an assisted living facility who wants to act as a guardian for a resident.
The term “uncontested guardianship” is not official, meaning is does not appear verbatim in the law regarding guardianship procedures. Instead, it is the unofficial distinction regarding whether or not all interested parties are in agreement on (1) their loved one needing a guardian to manage important life decision and (2) who should serve as guardian.
Objections to the guardianship process can take different forms. Some family members could object entirely to the thought of having a guardian make decisions on behalf of their loved one. In other situations, these interested parties might disagree on the right person to serve as a guardian.
An uncontested guardianship might simplify the process, but there are inherent challenges that may come up and which will have to be addressed. An attorney in Marietta can help your family fulfil the technical requirements throughout the uncontested guardianship process.
If you have questions about the guardianship process, an attorney has the answers. While the prospect of an uncontested proceeding might seem simple, there are many hurdles that legal counsel can help you cross.
Let a Marietta uncontested guardianship lawyer advise you of your rights and options. Call right away to schedule your confidential consultation.