Incapacitated Adults

Experienced, Compassionate Incapacitated Adult Attorneys

When your loved one is no longer able to care for themselves due to Alzheimer’s or some other mental impairment, it is sometimes difficult to know where to turn. In some cases, proper planning in advance can make the process much easier. For instance, many families are able to effectively manage their loved one through their last years pursuant to a Power of Attorney and Health Care Directive that was executed prior to the current incapacity. However, a failure to plan in advance can sometimes leave the family with no alternative but to seek the appointment of a guardian and/or conservator.

In Georgia, a Guardian is appointed to help care for an individual who lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health and safety. This can manifest itself in a variety of forms such as: failure to properly take medication, inability to complete activities of daily living, failure to secure adequate care for themselves, and overall inability to make good decisions for themselves.  Upon following the proper procedure, the probate court can appoint a third party such as a family member or close friend to serve as the incapacitated adult’s guardian. Thereafter, the guardian would be responsible for making most of the important decisions for the incapacitated adult such as medical treatment, place of residence, and arranging adequate care.

Similar to a guardian, the probate court can also appoint a conservator to help care for an individual who lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of their property. Often times, this the need for a conservator is more pronounced than the need for a guardian. In many cases, it is relatively easy to review the medical records for the alleged incapacitated adult and determine that they are unable to effectively manage their finances. If granted, the conservator would thereafter be responsible for managing the  incapacitated adult’s finances to pay their day-to-day bills and managing their entire financial portfolio.

If your family member is in need of a guardianship or conservatorship and would like to discuss your options, please call (706) 543-4708 or contact Durden & Mills, P.C. today. We look forward to helping you solve your legal problems.