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Georgia probate law: The ins and outs of guardianships

There are several reasons guardianships may need to be sought or designated by Georgia residents. For some, it may be they need it to help take care of an ailing parent or other family members. For others, it may be that they want to make sure their minor children are taken care of. Whatever the reason, Georgia probate law is very clear on what it takes to name or become the guardian of another person.

Achieving guardianship of an adult is not an easy task. The court will only allow it if one can prove that the individual needing care is incapacitated either physically or mentally. A guardianship will not be granted if the individual is capable of making informed decisions for himself or herself. The guardianship will not be granted if the person seeking it is not thought suitable for the role.

Naming a guardian for a minor can guarantee that one’s children go to a person of trust. If a parent fails to name a guardian, those wishing to take on this responsibility will have to petition the court. Guardianship will be granted to the individual thought best to fill the role as the child’s permanent caregiver.

A lot goes into guardianship cases. There are court costs and investigative fees. Those seeking guardianships have to open themselves up to background checks, interviews and detailed reviews of their private lives. If approved, the job of a guardian is not for the faint of heart. There is a lot to it.

Georgia residents who wish to seek guardianship of adults or seek to name guardianships of minors have to go about it the right way. A probate law attorney can help with the naming of guardians as part of a complete estate plan. Assistance can also be provided in filing for guardianship in court.

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