Guardians and conservators are appointed to protect a person who cannot make important decisions on his or her own. In Georgia, guardians are authorized to make health care decisions on behalf of the incapacitated individual. The guardian’s authority to make decisions can be narrow or rather broad. For example, a guardian may be allowed to make personal decisions such as whether the incapacitated person can have visitors, attend certain social gatherings and more.

Conservators, on the other hand, are responsible for managing an individual’s financial affairs and property. The conservator’s authority to make decisions, like that of a guardian, can be limited or quite extensive.

Given that the appointment of a guardian or a conservator restricts or even negates an individual’s right to make personal decisions, it should only be considered as the last resort. At Bennett Trust, Estate & Elder Law, LLC, we can use a variety of tools, such as trust planning, advance directives and powers of attorney, to protect you against the possibility of a court managed guardianship or conservatorship in the future. You, not the State, will determine who makes decisions for you in the event of incapacity and what they can do.

If, however, someone you love has not done any advanced planning and you believe that he or she can no longer make appropriate medical or financial decisions, we can help. We will guide you through the guardianship and/or conservatorship process from beginning to end. Contact us today to discuss your particular situation and how we can assist you.