Adult Guardianship Attorney – Marietta, GA – Burgess & Christensen

Guardianship and Other Assistance for Adults Not Able to Manage Their Own Affairs

When an individual reaches adulthood at 18, they are legally responsible for making their own decisions. However, if an adult is unable to make responsible decisions for their health or safety, it may be necessary to seek guardianship to ensure their needs are properly met. This situation often arises for adults with disabilities who are unable to manage their own care.

The team at Burgess & Christensen can help you determine whether guardianship may be appropriate or whether alternatives to guardianship, such as a power of attorney, may be more beneficial in your situation. Taking early action often provides you with the most options, so we invite you to contact us as soon as possible if you have questions about these issues.

What is an Adult Guardianship in Georgia?

An adult guardianship gives someone, the guardian, the authority to make decisions on behalf of an adult who does not have sufficient ability to make or communicate responsible decisions concerning their health or safety. A guardian manages the personal care of an individual. When a court grants a guardianship, the person under the care of a guardian is referred to as a ward, and the ward may lose certain legal rights.

Because guardianship can significantly impact the ward’s autonomy, it is often considered an extreme measure. The court may limit the authority granted to a guardian to allow the ward to retain some degree of independence. To establish a guardianship, the court requires sufficient proof that it is necessary, meaning you must demonstrate that alternative measures are inadequate to ensure the proposed ward can make or communicate responsible decisions concerning their health or safety.

What a Guardian Can Do

Gaining guardianship can enable you to assist a loved one in various ways. For instance, you can help by:

• Filing for disability benefits
• Making decisions about doctors, medications, and other aspects of medical care
• Changing their living situation
• Entering into contracts for services on their behalf

However, there may be less drastic measures that can enable you to provide the right level of assistance, and we can help you explore those options. Call us at 470-315-8672 to learn more.

Alternatives to Guardianship

Every situation presents unique opportunities and challenges, but here are some alternative measures that have proven helpful for others in the past:

• Financial Power of Attorney: If an adult retains legal capacity but is concerned about future cognitive or physical decline due to aging, illness, or a mental condition, they can grant power of attorney to another individual. This allows shared decision-making authority without removing the adult’s autonomy. Financial power of attorney can authorize someone to make financial decisions and access accounts.
• Health Care Power of Attorney: A health care power of attorney authorizes someone to make medical and personal care decisions on behalf of another if they become incapacitated.
• Representative Payee Designation: The Social Security Administration allows for the appointment of a representative payee for benefit recipients who are not capable of managing their own benefits.

If you believe you may need assistance managing your benefits or you want to assist a loved one, we can help you determine the best course of action.

Burgess & Christensen Helps Navigate the Complexities of Social Security Benefits

Gaining disability benefits through the Social Security Administration is a complex process, and lack of capacity adds another layer of complexity that can make the process even more challenging. At Burgess & Christensen, we are familiar with the tools that can assist with managing benefits for yourself or a loved one. We can help you find the resources you need to obtain and protect benefits. To discuss how adult guardianship and other measures could work in conjunction with Social Security Disability benefits, contact us today.