Conservatorships And Guardianships: Guidance For Georgia Families
Last updated on August 13, 2025
As we watch our loved ones age or become unable to care for themselves, it can be a difficult and emotional experience. The complexities of conservatorships and guardianships can be overwhelming, leaving you wondering where to turn for guidance.
An experienced conservatorship and guardianship attorney can provide much-needed legal advice. Our Dalton law firm, Cowan Law Firm, LLC, was founded in 2003. With compassionate support and knowledgeable legal guidance, our lawyers can guide you through the legal process and make sure you understand your responsibilities.
What Is A Conservatorship?
A conservatorship is a legal arrangement in which the probate court appoints someone to manage the financial affairs or property of an adult. A conservatorship can be appointed when someone is unable to manage their finances or property for themselves. This adult is known as the “protected person.” The person appointed is called the conservator.
Understanding Georgia Conservatorship Laws
Georgia conservatorship laws are designed to protect vulnerable adults from financial exploitation and ensure their assets are managed responsibly. You might need a conservatorship for a loved one in situations such as:
- An elderly parent with dementia or Alzheimer’s can no longer manage their finances.
- A special needs adult or a family member with a disability needs help managing money.
- If a loved one has become susceptible to financial exploitation.
A Georgia conservatorship can be an alternative to a power of attorney if your loved one did not execute one before incapacitation as part of their estate plan. A conservatorship can also be established if there are concerns about the agent misusing their power of attorney.
What Is A Conservator And What Are Their Responsibilities?
A conservator is a court-appointed guardian responsible for managing the protected person’s assets and finances. The conservator acts as a fiduciary, meaning they must always act in the protected person’s best interests. Conservator accountability is taken seriously by Georgia courts. A conservator’s duties include:
- Managing the protected person’s income and paying their bills
- Making investment decisions
- Protecting the protected person’s assets
- Providing regular reports to the court about the protected person’s finances
The letters of conservatorship granted by the court outline the specific powers and responsibilities of the conservator. A conservator must act in the best interests of the protected person and may be required to report to the court on their actions.
How Do You Appoint A Conservator In Georgia?
A petition for a conservator is filed with the probate court in the county where the individual resides. The petition must include evidence of the individual’s incapacity and the reasons why a conservatorship is necessary. The court will then hold a hearing to determine whether a conservatorship is appropriate and appoint a conservator. If any family members disagree about the need for a conservatorship or who should be appointed, they can contest the conservatorship.
What Is A Guardianship?
A Georgia guardianship is a legal process where the probate court appoints someone to make decisions about the personal care and well-being on behalf of an individual. Georgia guardianship laws protect vulnerable individuals who cannot make safe decisions about their health, safety or living arrangements for themselves. You might need a guardianship for:
- A minor guardianship for a child whose parents are deceased or unable to care for them.
- An adult guardianship for an individual with a disability who needs help with daily living.
- An elderly individual who can no longer make safe decisions about their care.
The individual needing care is referred to as the “ward of the court,” and the appointed person is the guardian. A guardianship can provide legal protection and ensure that your loved one’s needs are met.
What Are The Responsibilities Of A Guardian?
A guardian is responsible for the ward’s personal care and well-being. Guardian duties include:
- Deciding where the ward will live.
- Making decisions about the ward’s medical care.
- Ensuring the ward’s safety and well-being.
- Providing the ward with food, clothing and shelter.
A guardian is responsible for making decisions on behalf of the ward, including decisions about their health care, education and daily care. The guardian must act in the ward’s best interests and report to the court regularly about the ward’s condition.
How Do You Petition For A Guardianship In Georgia?
A petition for a guardianship in Georgia is filed with the probate court in the county where the individual resides. The petition must include evidence of the individual’s incapacity and the reasons why a guardianship is necessary. The court will then hold a hearing to determine whether a guardianship is appropriate and appoint a guardian.
What Is The Difference Between A Conservatorship And A Guardianship In Georgia?
While both conservatorships and guardianships provide legal protection for vulnerable individuals, the key difference lies in their scope. A conservatorship focuses on managing the financial or personal affairs of an individual, whereas a guardianship focuses on making decisions on behalf of the individual.
Speak With A Dalton Conservatorship And Guardianship Attorney
If you are considering a petition for a conservatorship or a guardianship for a loved one, it is important to consult an experienced conservatorship and guardianship attorney. Our lawyers are available by appointment for initial consultations. Call us at 706-420-2949 or send us a message through our website to schedule an appointment. We’ll work with you to understand your unique situation and provide guidance on the best course of action for you and your loved ones.