Guardianships/Conservatorships

When a minor needs an adult other than his or her parents to take legal control of his or her person or property, a guardian or conservator may need to be appointed. When an adult becomes incapacitated because of an accident, disease, or old age, he or she may need to have a guardian or conservator appointed to take care of him or her and to manage his or her property. Gaslowitz Frankel LLC lawyers have successfully represented interested parties in many guardianship proceedings.

Legal News & Firm Updates

Cruver v. Mitchell - Adult guardianship and conservatorship

Posted: April 3rd, 2009 by Gaslowitz Frankel LLC

Two daughters petitioned to be appointed guardians and conservators of their elderly mother, who was suffering from end-stage Alzheimer’s disease.  The petitioners had removed their mother from the Medicaid program, fearing that the State would take possession of their mother’s real property under Medicaid’s estate recovery program.  They planned to sell some of the mother’s property to a relative to generate funds for her care, thus keeping the property in the family.  The probate court appointed the county conservator and denied the guardianship.   

The Court of Appeals upheld the determination to appoint the county conservator but reversed on the guardianship.  Georgia law establishes an order of preference for conservator appointments, and though the adult children would have preference, the probate court had discretion to disregard that preference order.  Here, there was no evidence that the Medicaid opt-out was financially wise or that the mother would have sufficient funds without Medicaid, and further, the petitioners, as heirs-apparent, had a conflict of interest in the matter.  On the matter of the guardianship, the probate court judge determined merely that the petitioners had taken care of their mother’s affairs thus far without a guardianship, so none was needed.  Under Georgia law, however, the court’s inquiry must focus on the condition and best interest of the adult, not only on whether the adult’s family to date has acted successfully on her behalf.  The Court of Appeals held that the probate court’s incorrect analysis was an abuse of discretion, and it remanded the case for further consideration of the guardianship issue. 

289 Ga. App. 145 (2008)

Related News   Guardianship Disputes, Guardianships/Conservatorships
03-04-2008   In re: Estate of Miraglia - Conservator Fees
01-21-2008   Cruver v. Mitchell - Probate court’s incorrect analysis was an abuse of discretion