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Georgia Guardianship And Conservatorship Legal Questions

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28 legal questions have been posted about guardianship and conservatorship by real users in Georgia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Georgia Guardianship And Conservatorship Questions & Legal Answers
Do you have any Georgia Guardianship And Conservatorship questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 28 previously answered Georgia Guardianship And Conservatorship questions.
Guardianship and Conservatorship
Georgia

Recent Legal Answers

Guardianship

Answered 4 years and 5 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
No is the simple answer.  If the currently appointed guardian and conservator cannot or does not make proper decisions, you will need to petition the court to remove the current person and replace with another person. 
No is the simple answer.  If the currently appointed guardian and conservator cannot or does not make proper decisions, you will need to... Read More

How do I get power of attorrney over a senior citizen who has early signs of dementia

Answered 4 years and 9 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Guardianship And Conservatorship
First, you cannot get a power of attorney over someone.  A competent person has the ability to appoint someone to be his power of attorney.  If Chris is not competent, he cannot appoint a power of attorney. You will need to judge whetherhe is competent.  If he is incompetent, he cannot appoint a power of attorney.  In that case, you would need to apply for guardianship over him. ... Read More
First, you cannot get a power of attorney over someone.  A competent person has the ability to appoint someone to be his power of... Read More

Is it possible to obtain custody of a non-relative child that is in foster care?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Please contact a Georgia family law attorney and CPS.
Please contact a Georgia family law attorney and CPS.

I gave temporary guardianship of my children to non blood relatives and it specified until my release from incarceration. now home won't give back

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You can get them back either by taking their birth certificates and going to the home with the police following a demand which tells the people you will do so if they do not return the children to your custody or by hiring a lawyer to file a suit for habeas corpus (give me the body).
You can get them back either by taking their birth certificates and going to the home with the police following a demand which tells the people you... Read More

Where do you begin when an older veteran has all types of life-related issues and unable to find help?

Answered 5 years and 2 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You shoudl call a lawyer specializing in Veteran's Benefits.  Call the Atlanta Bar Association Refferral Service and ask for a referral.
You shoudl call a lawyer specializing in Veteran's Benefits.  Call the Atlanta Bar Association Refferral Service and ask for a referral.

My friends mom wants to have guardianship over me, because i'm not happy at home do we have to go to court to sign over the guardianship.

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Since the court awarded guardianship of you to your grandmother, only the court can take it away and give it to someone else.  Contact a local family lawyer.
Since the court awarded guardianship of you to your grandmother, only the court can take it away and give it to someone else.  Contact a local... Read More

I have temporary guardianship of my grandsons let them visit with their dad now he want give them back what can I do

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
The answer turns on whether you were granted temporary guardianship of your grandsons by a court or whether both parents signed a power of attorney, revocable at will, allowing you to enroll your grandsons in school, take them to the doctor, etc.
The answer turns on whether you were granted temporary guardianship of your grandsons by a court or whether both parents signed a power of attorney,... Read More

My son’s dad died. He owned a business. Will I need to file for guardianship of my son’s estate since it will become his.

Answered 6 years and 2 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Guardianship And Conservatorship
Ultimately, you will need a conservatorship if your son is a minor.  However, the more pressing issue is that you need to get his father's estate openin a probate court.  To do that, you will go the probate court in the county where the father lived. You will need to file a petition to appoint administrator. It sounds like you may need to retain a lawyer to assist you with this matter as it can be tricky.... Read More
Ultimately, you will need a conservatorship if your son is a minor.  However, the more pressing issue is that you need to get his father's... Read More

do I have to take my child back to her grandmother if she has temporary guardianship.

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If you granted your grandmother a temporary power of attorney, you can revoke it at will, take the child's birth certificate and get her (perhaps with the help of the police.)  If a court awarded temporary guardianship, you must work through the court.    However, you should inform CPS that the child is in the care of a man (adjudicated sex offender?) who is not allowed to be around children under 18.... Read More
If you granted your grandmother a temporary power of attorney, you can revoke it at will, take the child's birth certificate and get her (perhaps... Read More

If my father has named me as his guardian should he become incompacitated do I still need to file for a guardianship?

Answered 8 years and 7 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
This is a difficult question to answer.  The easy answer is that you will not need to file for guardianship or conservatorship until someone you are dealing with on behalf of your father tells you he needs more than your power of attorney. It could happen
This is a difficult question to answer.  The easy answer is that you will not need to file for guardianship or conservatorship until someone you... Read More

what can I do, if my mother has been diagnosed with dimentia? One doctor said she can' t be left alone, can't drive, or work.

Answered 8 years and 8 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You might consider attending an Alzheimer's supprot group before starting down the path of a guardianshp. If that does not give you sonme ideas, you need to file for a guardianship in the county where your mother resides.  It will be a very painful event for you, your siblings and yoru mother; but if your mother will not cooerate with you regarding her care and well-being, you have no choice but filing for guardianship.  ... Read More
You might consider attending an Alzheimer's supprot group before starting down the path of a guardianshp. If that does not give you sonme ideas, you... Read More

Does GA probate law allow a person deemed incompetent to choose their own guardian?

Answered 8 years and 10 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
A court will grant wide latitude to the proposed ward in the selection of a guardian.
A court will grant wide latitude to the proposed ward in the selection of a guardian.

which lawyers outside of Bibb, peach, Monroe County specialize in declaring a family member legallly incompent?

Answered 8 years and 10 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Many lawyers handle guardianship. You are in central GA so most lawyers are within 2 hours of you. Check with the various local bar associations for referrals. 
Many lawyers handle guardianship. You are in central GA so most lawyers are within 2 hours of you. Check with the various local bar associations for... Read More

Georgia title company won't recognize POA created in NY due to age (1994) and fact my wife signed legal papers in 1996

Answered 8 years and 10 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You can file a lawsuit to force the bank to accept it. 
You can file a lawsuit to force the bank to accept it. 

Can someone help with getting guardianship?

Answered 8 years and 10 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
If you mean to ask if there are lawyers who specialize in guardianships, then yes there are.  Contact your local bar association for a referral or search online for a lawyer specializing in guardianship work.
If you mean to ask if there are lawyers who specialize in guardianships, then yes there are.  Contact your local bar association for a referral... Read More

My nephew was taken and tempory placed with a cousiin, been a year now, and my sister hasn't changed.Me being the only blood relitive do I have rights

Answered 9 years ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
This is a child custody matter and you need to repost this question under that category.  It is not a guardianship questoin.
This is a child custody matter and you need to repost this question under that category.  It is not a guardianship questoin.

How can my aunt get legal custody of me? I'm 15.

Answered 9 years ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
This is more of a child custody issue.  You can ask your aunt to obtian a temprorary guardianship over you but that requires consent from your mother and father.  You can call DFACS if you are living in bad conditions.
This is more of a child custody issue.  You can ask your aunt to obtian a temprorary guardianship over you but that requires consent from your... Read More

We need help! How can you help a Mentally ill man who's family is trying to use the Jail to take his rights away?

Answered 9 years and 2 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Depending on how involved you want to be, you can file for guardianship and then help him take care of his issues.  You can call the Department of Family and Children Services (DFACS) and report the matter. They have a department that might chose to get involved. 
Depending on how involved you want to be, you can file for guardianship and then help him take care of his issues.  You can call the Department... Read More

how can i make them give me my kids back

Answered 9 years and 3 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
This is a child custody question. You should call the sheriff and have the sheriff assist you in retrieving your children.
This is a child custody question. You should call the sheriff and have the sheriff assist you in retrieving your children.

My family is trying to find a guardianship lawyer. We need info on where to go, how much it will cost, when can we go to court to file

Answered 9 years and 9 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You can locate an attorney who specializes in guardianships and conservatorships by searching online or throught eh Atlatna Bar Association.  A guardianship proceeding will usually cost no less than $2,500 and could be considrably more depending on how contentious your brother is.
You can locate an attorney who specializes in guardianships and conservatorships by searching online or throught eh Atlatna Bar Association.  A... Read More

How do I get my child back?

Answered 9 years and 11 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You need to file a petition to terminate temporary guardianship.  You file it in the probate court in the county where you filed the original action.  The judge will then transfer the case over to the juvenile court where that court will decide if your child will be coming back to stay with you.  It is a “best interests of the child” standard.... Read More
You need to file a petition to terminate temporary guardianship.  You file it in the probate court in the county where you filed the original... Read More

Do I have visitation rights to my child in guardianship?

Answered 10 years ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
You need to file a petition to terminate temporary guardianship.  Your matter will be transferred to the Juvenile Court in the County where the chidlren live.  The court will use a best interests of the children standard to determine who should have custody of the children.
You need to file a petition to terminate temporary guardianship.  Your matter will be transferred to the Juvenile Court in the County where the... Read More

What does it cost to get conservatorship over someone

Answered 10 years ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
How much does a car cost?  Well, it all depends on lots of things.  First, are you hiring a lawyer, or are you merely intersted int eh filing fees at the courthouse?  Second, do all the heirs agree on the guaridnaship or is there discontent among the heirs.  Does the propsoed ward know a guardinaship is being considered, and how does s/he feel about it?   The filing fees at the courthouse will run around $500.  A lawyer can help in an uncontested matter for probalby around $1,500.  Contested guardianships can run into the tens of thousands of dollars.... Read More
How much does a car cost?  Well, it all depends on lots of things.  First, are you hiring a lawyer, or are you merely intersted int eh... Read More

my life insurance will go to my grandkids whom i have custody, does gaurdianship of the children also mean the gaurdian control their money?

Answered 10 years and 3 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
A guardian of the person is not a guardian of the property.  A guardian of the property is known in Georgia as a Conservator.  These people have to be appointed by the probate court in the county where the child resides.  The person has to meet strict financial requirements so that the Court will know that the person can be trusted with the child's money.... Read More
A guardian of the person is not a guardian of the property.  A guardian of the property is known in Georgia as a Conservator.  These people... Read More

Can I get General Power of Attorney for my mentally ill Daughter

Answered 11 years ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Guardianship And Conservatorship
Assuming your daughter is handicapped beyond her ability to make rational decisions, then she cannot issue you a power of attorney.  You should see your local probate court about establishing a guardianship.  You are fortunate to have made it to your daughter's 42nd birthday without the need for a guardianship. You may qualify for help from your local legal aid office.  If I knew where you lived, I could refer you to an agency that could assist you with obtaining a guardianship.... Read More
Assuming your daughter is handicapped beyond her ability to make rational decisions, then she cannot issue you a power of attorney.  You should... Read More
Guardianship and Conservatorship
Georgia

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