Conservatorship in Cumming

Conservatorship

Georgia Conservatorship

Conservatorship in Cumming

Conservatorship in Cumming- Conservatorship in Cumming

In Georgia, a conservatorship may be established by the probate court for a minor child or an adult. Typically, a conservatorship is necessary when a minor child is receiving an inheritance or settlement that exceeds a certain amount. The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property. Conservatorship is a critical legal process designed to protect and manage the affairs of individuals who are unable to handle their own finances or property due to age, incapacity, or disability. The actions of the conservator are strictly overseen by the court, and the conservator must seek the court’s approval prior to investing the individual’s assets or selling certain property the individual owns. At Wheat Law, we can help you navigate the complexities of conservatorship so the needs of your loved ones are met with care and efficiency.

Our Conservatorship Process & Services

The process for having a conservator appointed for an adult includes:

Filing a Petition with the Court: The petition for conservatorship must be completed by at least two individuals or one individual who also submits an affidavit from a physician, psychologist, or clinical social worker that supports the petition. The court may also require the conservator to submit to a background check.

Notification: Georgia requires that the individual and certain family members or close friends of the individual receive notification that a petition for conservatorship has been filed.

Evaluation: The court will appoint a physician, psychologist, or clinical social worker to evaluate the individual and provide a recommendation to the court if a conservatorship is warranted.

Court Appointed Attorneys: If the individual has not retained their own attorney to represent their interests in the conservatorship process, the court will appoint an attorney to represent the individual. The court may also appoint a guardian ad litem to gather information and provide a recommendation to the court.

Probate Court Hearing: A hearing is required before a conservator is appointed for an individual. At the hearing, the proposed conservator may present evidence to support the claim that a conservatorship is needed, and the individual’s attorney and guardian ad litem may also present evidence.

Final Order: After the hearing, the judge will issue an order either granting or denying the petition for conservatorship. If the petition is granted, the guardian must take an oath and obtain a surety bond prior to the court issuing the Letters of Conservatorship.

Service Areas

Estate Planning

Conservatorship

Business Succession Plan

Business Formation

Contact Us

327 Dahlonega Street

Suite 1004

Cumming, Georgia

30040, United States

(770) 404-5770

info@wheat-law.com

Helping you plan for what if, and prepare for what's next

FAQs

At what point is a conservatorship necessary for a minor?

Currently, a minor in Georgia may receive up to $25,000 in total assets before a conservatorship is required. Said amount is to be held and used by the child’s natural guardian (e.g. mother, father, custodial parent in the case of divorce) for the child’s benefit until such time as the child reaches the age of majority (18 years old in Georgia).

Can I apply for conservatorship at the same time I apply for guardianship?

Yes, however there are different factors the court will consider for each appointment. A guardianship is focused on the physical needs of an individual, while a conservatorship is focused on the financial needs of an individual. The court may grant the guardianship while denying the conservatorship, and vice versa.

What are the responsibilities of a conservator?

A conservator’s duty, in general, is to protect and maintain the property of the individual. There are a number of rules concerning how the funds and property of the individual may be used, and the conservator must keep his or her funds separate from the funds of the individual at all times.

Can conservatorship be modified or terminated?

Yes, a conservatorship may be modified or terminated if circumstances change. For example, when a child reaches the age of majority (18 years old in Georgia) the conservatorship will, in most cases, be terminated. Each year the conservator is required to provide the court with an accounting of the assets being held for the individual and an asset management plan, in which the conservator may request that a certain amount be drawn from the conservatorship account periodically or for one specific event or item.

Schedule your Conservatorship consultation today

Let our legal expertise provide you with answers and options. Call (770) 404-5770 or email info@wheat-law.com to schedule a consultation today. Our office is conveniently located in Cumming, just a few minutes away from Gainesville, Milton, Alpharetta, Sugar Hill and Suwanee.