Guardianships Lawyers in Marietta

We Guide You Through the Guardianship Process

When parents are unable to care for their children due to illness, incapacity, or unfortunate circumstances such as passing away, it can be challenging. In such situations, family members or close friends may step in to assume guardianship and provide care for minors under 18 years old. If you have inquiries regarding guardianships or are ready to commence the process, the Gentry Law Firm is here to offer assistance.

When Are Guardianships Established?

Guardians are typically appointed when parents are unable to make decisions for their children, such as in cases where both parents have passed away or are incapable of acting on behalf of their children.

In certain circumstances, a guardian may be selected to care for a minor child when a single parent is unable to do so, such as when a parent is deployed in the military. Guardians are typically appointed when parental rights have been completely terminated, rather than in custody disputes like divorce, and parents themselves cannot typically be named as guardians.

What Are the Responsibilities of Guardians?

Guardians assume the same decision-making authority as parents when it comes to the well-being of the children under their care. They are responsible for making decisions that benefit the minors, while upholding their rights and dignity. This includes overseeing the children's support, education, healthcare, welfare, and personal belongings. Guardians may also collaborate with a conservator, if one is designated, to ensure the financial security of the minors.

Guardians are required to provide annual reports to the court on the welfare of the children under their guardianship. However, they are not usually held personally liable for the minors' expenses, actions, or obligations during their guardianship.

Types of Guardianships in Georgia

Georgia law recognizes various types of guardianships, each with distinct levels of responsibility for the care of minors.

• Natural Guardian: The biological parent of the child who is typically responsible for the day-to-day care and decision-making.
• Permanent Guardian: An individual appointed to care for a minor child when both parents are deceased.
• Testamentary Guardian: A guardian designated in a will by the child's parents.
• Temporary Guardian: An individual appointed to care for minor children on a temporary basis when parents are unable to do so.

Difference Between Conservatorships and Guardianships

While these terms are often used interchangeably, conservators and guardians serve different roles. Guardians focus on the well-being of minors, while conservators manage financial matters. Although one individual may fulfill both roles, it is not uncommon for these responsibilities to be split between two different individuals.

Who Qualifies as a Guardian in Georgia?

According to Georgia Law, there are specific individuals who may be considered for guardianship of minors. The probate judge will assess potential guardians in the following order:

• The closest adult relative of the child (as defined by Georgia’s Wills, Trusts, and Administration of Estates statutes)
• Other adult relatives
• Adults related to the child by marriage
• Adults designated in writing, such as in a will, by the parents
• An adult who has provided care or support to the child, or with whom the child has resided
• If the child is 14 years or older, they can express their preference for a guardian, but a judge must approve the chosen adult's capability to fulfill this role

Ultimately, the court will determine the best interests of the child when appointing a guardian and may override a parent's choice in some instances. Factors considered include the bond between the guardian and ward, the guardian's ability to provide for the ward, their physical and mental stability, and the safety of the current living environment for the child.

How to Obtain Guardianship in Georgia

To become a guardian of a ward, an attorney must file a petition with the probate court in the minor's county of residence or in the county where the petitioner intends to live with the ward. The guardianship petition requires detailed information, including names, addresses, and dates of birth for both the ward and petitioner, as well as details about existing guardians and relatives.

Additionally, notification to existing relatives of the guardianship petition must be provided within 14 days of filing. Separate petitions may be necessary if the ward has siblings with different parents. In cases where a child is born out of wedlock, the father, if identifiable, must be notified of the petition and given an opportunity to legitimize within 30 days.

The Timeline for Guardianship Application

After filing a valid petition and providing necessary notifications, the probate court clerk will schedule a hearing. The judge may order a background check on the petitioner, potentially causing delays in the process.

Petitions can be rejected for various reasons. Living parents may reject the guardianship, and relatives have a 10-day window to respond, possibly leading to dismissal. A skilled guardianship attorney can guide you through the application process, addressing any obstacles that may arise.

Can Guardianships be Revoked?

There are circumstances where guardianships may come to an end. Temporary guardianships typically terminate once their intended purpose, such as a deployed parent's return, is fulfilled. Wards have the right to request a new guardian if they believe their current guardian is not acting in their best interests. Guardians may also seek to end their roles under certain conditions, such as if the guardianship responsibilities exceed their initial expectations.

Get in Touch With Us to Get Started

Obtaining legal guardianship can be a complex process with various considerations involved, making it difficult to navigate on your own.

It is highly advisable to seek assistance from a law firm equipped with the expertise needed to assist you in achieving your goal. A guardianship attorney can provide valuable guidance on Georgia's laws, analyze your specific situation, recommend the most suitable type of guardianship, and assist in filing the necessary petition.

By acting as your advocate, a guardianship lawyer can serve as a bridge between you, the court, and any relatives of the ward involved in the process. Legal issues surrounding custody can be emotionally charged, but having an attorney by your side can help manage any conflicts or disputes that arise.

When seeking support for your guardianship needs, consider reaching out to the Gentry Law Firm. Attorney William Gentry, with over three decades of legal experience in Georgia, specializes in family law matters. The dedicated team at the Gentry Law Firm is prepared to address your inquiries and provide assistance with custody concerns, working diligently towards achieving the most favorable resolution for your situation.