Sometimes, an adult loses the capacity to make crucial decisions regarding their health or general well-being. Without assistance, these individuals could face serious challenges or even dangerous health consequences. Guardianship could be the answer, and an earnest attorney could help with the process.
This type of change can be a lot to take in. Luckily, you do not have to figure it out on your own. If your loved one requires this type of care, a Milton uncontested guardianship lawyer might be able to help. Reach out to the Khaki Law Firm today.
Guardianship involves appointing one person to oversee certain decisions of the other. The individual who no longer has the capacity to care for themselves—known as the proposed ward—could be assigned a guardian with the approval of Georgia courts. It is important to note that there are some limitations on who can seek guardianship for a specific person. The law allows for different circumstances when it comes to eligibility. However, there are some standards in place that do not warrant exceptions, such as being at least 18 years old and having no existing conflicts of interest with the proposed ward.
In most instances, two people must be involved in pursuing a petition for guardianship on behalf of another individual, but there is also an option for a single person to petition the court. In these cases, an affidavit from a psychologist, physician, or social worker must be presented that attests the guardianship is necessary. These professionals must have met with the proposed ward within 15 days of filing the petition. While uncommon, it is also possible for a person to seek a guardian for themselves.
Determining whether a person has the right to seek guardianship of a loved one can be a complex and sensitive subject. A credible Milton uncontested guardianship attorney could help provide insight.
Guardianships are classified as either contested or uncontested. There can sometimes be numerous interested parties in the outcome of a custodianship petition. As a standard practice, each of them will have the chance to be heard before approval of a guardian is made. When one or more of these individuals object to the need for assistance or the person wishing to serve in this position, guardianship is considered contested.
Uncontested guardianships have the potential to be much less contentious. These occur when all interested parties agree that guardianship is appropriate and the chosen custodian is acceptable. In these cases, the agreement between parties could prevent substantial delays or even denials.
There is no requirement for a prospective guardian to hire an attorney to take on their petition. That does not mean that handling this task alone is a good idea. Georgia courts have an obligation to protect an individual’s rights to autonomy. This means a judge will only approve guardianship upon a strong showing that it is in the proposed ward’s best interests. Even if this fact is known by the individuals involved, the substantial amount of documentation and proof required is much easier to assemble with the help of an uncontested guardianship attorney in Milton.
For many people, the prospect of seeking guardianship on behalf of their loved one can be emotionally taxing and overwhelming to navigate. This is true even when the process is necessary to protect them from harm. If you need to assign someone to provide extra care in decision-making for a member of your family, our firm can help you. Reach out to a Milton uncontested guardianship lawyer today to speak with a skilled team member.