Guardianships and Conservatorships
When an adult becomes incapacitated, due to injury, illness, or old age, it may be necessary for another person to take care of him or her and manage his or her financial affairs. A “guardian” is someone appointed by a court to manage an incapacitated adult’s person (by making necessary decisions about medical care, daily living, and residence); a “conservator” is someone appointed by a court to manage an incapacitated adult’s property (by protecting assets and handling income and expenses). Guardians and conservators owe a special duty of care, called a “fiduciary duty,” to act in the best interests of the incapacitated adults they represent. The Court may appoint the same person to serve as both guardian and conservator, if that is appropriate. Legal disputes in this area can arise in a variety of ways. Sometimes family members and friends disagree over whether the court should appoint a guardian or conservator, or they disagree over who should be appointed. Sometimes the incapacitated adult objects to the appointment of a guardian or conservator. Often, a family member or friend discovers that a guardian or conservator is not acting in the best interests of the incapacitated adult. Gaslowitz Frankel LLC attorneys have successfully represented interested parties and proposed wards in guardianship and conservatorship proceedings in courts throughout the state of Georgia.