What Is The Difference Between Adult Guardianship Of The Person or The Property?
An unfortunate reality is that as some people age, they become vulnerable and can no longer care for themselves. They may have difficulty attending to their own physical needs, become unable to manage their financial affairs or struggle with both.
Realizing a parent or other adult loved one has reached this point is heartbreaking. However, for their protection, adult guardianship may become necessary. As a Gwinnett County guardianship attorney, I have explained to many families about the process and the two types of adult guardianship you may want to consider.
What Is Adult Guardianship?
An adult guardianship in Georgia is a type of court-ordered supervision. It involves the legal process of appointing someone to watch over a vulnerable adult who lacks the capacity to take care of themselves or manage their own affairs.
Guardianships recently made headlines in the case of Britney Spears. She fought to have her father removed as her guardian, allowing her to resume control of her daily life and financial matters. As in the Spears case, the court may appoint a guardian for a younger person who is disabled or otherwise having difficulty managing their affairs. However, guardianships are generally more common among older adults. According to the American Association of Retired People (AARP), over one million people are currently living under a guardianship, with roughly 85% being over the age of 65.
Guardianship of the Person
Adult guardianship is often the best option for older adult loved ones who, due to aging or illness, can no longer attend to their own physical needs. Adult guardianship is also often commonly used by parents who have children with special needs and/or disabilities who have become adults.
A guardianship of the person authorizes someone appointed by the Court to make important personal decisions on their behalf. This includes determining :
where they will live and who will provide services
access medical records and speak to healthcare professionals
their social activities
the type of medical care or support services they receive
Guardianship of the Property
An adult guardianship of the person involves attending to an individual's physical and emotional needs. This is referred to as Conservatorship. Guardianship of the property (also known as “conservatorship”) consists of attending to the needs of their estate. This includes:
managing money in bank accounts
paying bills
making sure the person receives any Social Security or other benefits they are entitled to
In cases where a vulnerable adult cannot meet their own physical or financial needs, adult guardianship of both the person and property may be necessary.
Requirements of Guardian/Conservator
Title 29 of the Georgia Code outlines the procedures for appointing an adult guardian through the Probate Court and their obligations. Generally, the court will only consider adult guardianship if there is solid evidence that someone cannot provide for themselves and that appointing a guardian is in their best interests.
Once appointed as an adult guardianship, you are required to report to the court regularly:
In an adult guardianship of the person:
A Personal Status Report must be filed within 60 days of the appointment and then annually, within 60 days of the anniversary date.
In an adult guardianship of the property (conservatorship):
An Inventory and Asset Management Plan must be filed within 60 days of appointment and annually within 60 days of the anniversary date.
In an adult guardianship of both the person and property, both of the above reports are required.
Which One Do I Need?
That answer is, “It Depends!” Most commonly, you may just need to request guardianship over the person; however, there are instances when conservatorship (or guardianship over the property) may also be needed.
What To Do Next?
Seeing someone you love struggle to care for themselves and manage their financial affairs is heartbreaking. An adult guardianship helps ensure they are provided for and protected. To find out more about the differences between guardianship or the person or property and to discuss the specific options in your case, call 678-253-8133 or you may schedule a complimentary initial consultation with our office: smithtaireconsult.as.me/