Should you proceed with securing a guardianship?

| Sep 1, 2020 | Trusts |

As your parent ages, you will have to make some difficult decisions about how to ensure he or she remains safe and healthy. There may be a point where you feel he or she is no longer able to take care of or make decisions for him or herself. 

If this happens, you may consider seeking a guardianship, which would allow you to secure the legal right to make decisions for your parent. According to the Georgia Division of Aging Services, you must file a petition with the court to seek guardianship. If the court denies your petition, then you will have to wait two years to refile, so it is a good idea to ensure that you have a strong case and that this is really what you want to do. 

Removing rights

Removing your loved one’s rights to make his or her own decisions is a tough thing to do. You should ensure that you are ready to do this and take on this responsibility. You should be positive that he or she cannot handle decision-making without putting him or her in danger. 

Know the law

You should make sure that you have a solid case that provides clear and convincing evidence to the court that guardianship is the only possible resolution. To do this, you need to be aware of the law and what the court will consider when making the decision. 

Try alternatives

Before filing your petition, you should seek out elder services and see if there is something else that will work to help your parent. The court will always look for the least restrictive way to solve the problem, and guardianship is the most restrictive. So, take time to work through alternatives first so that you have proof they will not work if you do not find one that does work.