What Is An Adult Guardianship?

The media has been giving a lot of attention to singer Brittany Spears’ court-ordered adult guardianship where her father controls all financial and daily decisions about her life. A new move I Care A Lot is a frightening look at the abuse of the adult guardianship system. So what exactly is adult guardianship? Georgia courts can grant guardianship for an adult who lacks sufficient capacity to make responsible decisions concerning their own health or safety. In Georgia, a probate attorney or estate planning attorney typically handles an adult guardianship. Here are five frequently asked questions about adult guardianship in Georgia.

FAQs About Adult Guardianship

Guardianship is a legal process that gives someone the right to make decisions for an incapacitated person who is no longer able to make good financial, medical or daily living decisions due to an illness, declining mental health, drug abuse or other factors. Someone under adult guardianship needs their guardian’s approval to get married, to move, to invest money and to make all the other daily living decisions that legal adults are entitled to. The Georgia courts take removing someone’s rights and awarding an adult guardianship very seriously.

1. Who Can Be A Adult Guardian?
   A guardian is required to make the decisions that the person under guardianship would make themself. An adult guardian can be any competent adult such as a spouse, adult child or another family member, a friend or a neighbor. The court can also appoint a professional guardian, someone with special training, as in the Britney Spears situation - and the film I Care A Lot.

2. How Long Does It Take To Be Awarded Adult Guardianship?
   Filing a petition in the Georgia Courts to take someone’s rights away and to become the adult’s guardian typically takes several months. But if the situation is urgent, the petition can be expedited.

3. How Can a Guardianship Be Terminated?
   To reverse a guardianship, you have to file a Petition for Restoration of Rights with the probate court in the county where the guardianship was put in place, with supporting professional testimonials that the person under guardianship no longer requires supervision.

4. How Can I Challenge A Guardianship?
   If you are an adult under guardianship who wants the court to appoint a different guardian, you can file a petition with the court requesting the change, the reason and who you would like appointed instead of your current guardian.
   
   If you are concerned about someone who was appointed as guardian of a loved one, you should contact an attorney who has experience in adult guardianships to help you file a petition to change the guardian.

5. How Long Does A Guardianship Last?
   An adult guardianship lasts indefinitely, as long as the person remains incapacitated. With elderly adults or someone with Alzheimer’s, guardianship could remain in place throughout their life. Someone who becomes sober after alcohol or drug abuse may petition the court to have their guardianship removed.

Aging adults have different legal needs than young adults. A guardianship attorney has the experience to help older adults and their families plan for the future and find a solution that works best for them, and the experience to work with families during stressful times if a crisis does occur.

We Are Here To Help

An experienced guardianship attorney can answer your questions, reduce your stress and save you money in the long run. If you have questions about how an adult guardianship can protect an aging adult who can no longer make good decisions, contact attorney Jammie Taire at SmithTaire Legal: Your Trusted Legal Partner in Georgia at (678) 253-8133 or jtaire@tairelaw.com.