When parents of a child are no longer able to care for the child, a guardianship is needed. Unfortunately, so many people are unprepared and do not designate a guardian for their child, so the court must. At Smith Legal Solutions, our attorney in Georgia wants you to understand how setting up a guardianship is critical if you have minor children or a child in need.
Contact us by filling out the online form or contacting us directly at (404) 595-1998 to schedule a free 15-minute consultation. We want what's best for you and your family, and preparing for the future through a guardianship is critical to that end.
What Constitutes a Guardianship in Georgia
Guardianship is legal authority provided to a specific person to make decisions for another person. Typically, guardianships are necessary when a child's parents are unable to care for the child, and the child is a:
- Minor; or
- Living with a disability.
The person with legal authority over the child is referred to as the “guardian.” The subject (child) of the guardianship is referred to as the “protected person” or “ward.”
Endowed with legal authority, the guardian is responsible for the well-being and care of the child and can make decisions about the child's:
- Healthcare
- Residency
- Education
- Religion
Guardianship may also be needed over the child's estate when the child has inherited assets. The guardian will manage these assets until the child is an adult.
Reasons a Guardianship Might be Needed in Georgia
Parents almost always have the legal right to make decisions for their children unless parental rights have been terminated. When parents cannot make those decisions, someone must step in to do it. This often happens when both parents have died or when both parents are incapacitated in some way by illness or injury. It can also be a situation where one parent has died or has no parental rights while the other parent is incapacitated.
Who Can Be Appointed as a Guardian in Georgia
Who the guardian is often depends on whether or not a guardian was designated in a Will. If the latter was not created, the court can appoint a guardian.
Factors to Consider a Person as a Guardian
Choosing who to be a child's legal guardian is not easy. Parents often consider the following factors:
- Their personal relationship with the guardian
- How trustworthy and reliable the guardian is
- The age of the guardian
- Cultural or religious traits that the parent shares with the guardian
- Geographical proximity
- Whether the guardian already has children
Factors that Disqualify a Person as a Guardian
Not all people can be guardians. Examples of when a person may not qualify as a guardian include but are not limited to people who:
- Are incompetent (e.g., cannot care for themselves properly)
- Are also a minor
- Have committed violent crimes or offenses involving some type of abuse against a child, spouse, parent, or another adult
Naming a guardian in a last will and testament, however, can have a complication for parents who each have their own will, rather than a joint will. If both parents pass away – especially if they pass away at the same time – and their respective wills each name someone differently, it can create confusion and may require court intervention.
Courts in Georgia Appoint a Guardian in the Absence of a Will
In cases where the child's parent has become incapacitated or has died and there is no will stating who will become the child's legal guardian, a court will appoint one. It will usually choose a close relative, although other people, like family friends, can ask the court to appoint them, instead.
If there are no close relatives or family friends, the child can become a ward of the state and enter the foster system.
How Long Does a Guardianship in Georgia Last?
Guardianship usually lasts until the child becomes an adult at the age of 18. The exception to this rule is when the child will turn 19 before they graduate from high school. The guardianship will last throughout high school.
A guardianship may also be terminated under other circumstances, like when/if:
- The guardian or child dies
- The guardian becomes incompetent
- A parent who had been incapacitated no longer is
- The guardian requests termination and the court approves
Contact a Guardianship Attorney Today
Our family law attorney in Georgia will help you identify what components will work best in your care plan. Contact us today either online or at (404) 595-1998 to schedule a free 15-minute consultation and learn more.
