Atlanta Probate Attorney
If you have a loved one who has become incapacitated and unable to take care of themselves or their financial affairs, it might be time to petition the courts to appoint a guardian, a conservator, or both. In some instances, the courts might appoint the same person to be the guardian and the conservator. In other situations, it might be best to appoint two different people.
Why Choose an Atlanta Probate Attorney From Williams Oinonen LLC
We understand how challenging this situation is for families, and at Williams Oinonen LLC, we want to do everything we can to make this easier for you. Our attorneys have over a decade of experience with handling employment law claims, civil rights cases, and more. We can help you with the process and walk you through the steps to ensure that your loved one is cared for. We can also assist you with any probate and estate concerns. Contact an Atlanta probate attorney today for a consultation by filling out our online form or calling (404) 654-0288.
What Is a Guardianship?
In Georgia, there are two types of guardianships: guardianship of the person and guardianship of the estate/property, which is more specifically known as a conservatorship. A guardianship of the person gives an individual the legal authority to make decisions for a child or an incapacitated person, such as where they will live and what kind of medical treatment they receive. Once the court appoints a guardian or a conservator, the child or the incapacitated adult is now referred to as a ward.
What Is a Conservatorship?
A conservatorship is set up when a child or an incapacitated adult needs someone to help them manage their financial decisions. This can include opening bank accounts, paying bills and taxes, and taking care of the ward’s investments.
What Is Probate of Wills?
When a person passes away, probate is generally required before the legal personal representative can distribute a person’s estate to the named beneficiaries. The court essentially certifies that the will is valid, and then the distribution process can begin.
Becoming a Guardian or a Conservator
To become a guardian or conservator in Georgia, you must file a petition with the probate court in the area where your loved one resides. Once you do this, your loved one will be informed that you have filed this petition. They will be given the opportunity to hire their own lawyer if they wish. After that, your loved one will undergo a mental evaluation. Next, a hearing will be scheduled, and the court will determine if they need to appoint a guardian and/or a conservator, and they will either approve or deny your petition.
Williams Oinonen LLC Can Help You Help Your Family
Being in a situation where you must acknowledge that a loved one isn’t able to take care of themselves anymore can be frightening and very upsetting. The Atlanta probate attorneys at Williams Oinonen LLC will do everything in their power to make this difficult time as easy as possible for you. In addition to helping you set up a guardianship and/or a conservatorship, we can also assist in the probate process and ensure that all of your loved one’s assets will be distributed according to their wishes. However, the best time to start planning is before you actually need the help. Once a person is already incapacitated, it’s too late to discuss a will. If they don’t have one, there’s no way to ensure that their assets will go to the right place. Contact us today for a consultation by filling out our online form or calling (404) 654-0288.