Consider appealing for an incapacitated loved one

On Behalf of | Sep 20, 2022 | Blog, Guardianship And Conservatorship |

Guardianship is a subject that does not necessarily revolve around age. When you have a loved one in a constant state of need, it may be best to appeal to Georgia courts for guardianship rights.

It is important to keep in mind what constitutes incapacitated as well as what the courts expect you to prove when you make these appeals.

Incapacitated individuals

Courts may consider people incapacitated if they demonstrate, either partially or completely, a functional impairment that impacts their ability to care for their own well-being. This may include signs of mental illness, physical disability or even chronic use of drugs.

Proofs and appeals

As cities in Georgia like Augusta detail, you may petition to seek guardianship with the help of another petitioner or an affidavit from a licensed physician, sociologist or social worker. The burden of proof falls on you as the petitioner and it may require testimony or hard evidence like recordings to show a person’s incapacity. Once filed, the courts serve the proposed ward and appoint a visit for an evaluation, followed by a scheduled hearing to review the case. Though some situations merit faster action.

Emergency appeals

If you feel that your loved one faces immediate risk, you may wish to consider asking the court to appoint you as an emergency guardian. There is still a matter of proof you must provide, but Georgia courts may appoint a pre-hearing emergency guardian in the meantime.

This is a big choice that affects you and your incapacitated loved one. Navigating the choice with up-to-date resources and information may help smooth out the process.

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