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If you gain guardianship, your child loses the freedoms he or she would have as an adult. The child will lose the right to handle his or her own finances, make healthcare decisions, choose residency, or make any other decision that the court has given the guardian power to decide.
How much power does a guardian have?
The guardian can be authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the guardianship, the guardian may or may not have to seek court approval for various decisions.
Is it a good idea to have a guardianship?
The guardianship proceeding helps mitigate bad behavior, such as if a loved one is refusing to take medication, refusing to be placed in a safe environment, highly aggressive, reclusive, locked in the house, subject to financial exploitation or spending money or without care.
What rights do you lose under guardianship?
While there is some variation from state to state, when a court appoints a guardian, that court may remove the individuals right to: Determine residence. Consent to medical treatment. Make end-of-life decisions. Possess a drivers license. Manage, buy, or sell property. Own or possess a firearm or weapon.
What are the powers of a conservator in Georgia?
A conservatorship generally removes from the ward the powers to bring or defend actions in court, to make contracts, to buy and sell property, and to enter into business and commercial transactions and to manage their own funds. Often, a court appoints one person both guardian and conservator.
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The conservator, by assuming the responsibility for these matters, becomes legally accountable to the court. There are two types of conservatorship managed by the Public Guardian: Lanterman-Petris Short (LPS) Conservatorships and Probate Conservatorships.
What are the downsides of guardianship?
A guardianship proceeding may become costly if contested. The alleged incompetent person and/or other family member(s) can contest a proposed guardianship. There may be an unnecessary infringement of the alleged incapacitated persons privacy, freedom and loss of decision-making authority.
Who has the ultimate responsibility to determine whether a conservator or a guardian is assigned to an individual?
Once a petition is filed with the court, a court investigator is appointed to interview the proposed conservatee and to determine if the individual is truly incapacitated and whether appointment of a conservator is justified. The investigator reports back to the court with an opinion.
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