Guardianships & Conservatorships Archives

Be alert for signs of mental illness in an elder loved one

Georgia residents who are age 65 or older often begin to encounter certain challenges in life. Perhaps physical health is not what it once was and an older person finds him or herself needing to visit a doctor's office more often. As loved ones age, some may also show signs of mental illness, which can be debilitating in its most serious form. In fact, mental decline or incapacitation is often a central focus of long-term care planning.

Conservatorship: Whether it overrides a POA depends on this

Many Georgia families include elder members who are suffering from various stages of mental decline. There is often more than one person, such as adult children of the loved one, who are trying to work together to protect their loved one's rights and best interests. The problem is that siblings often encounter challenges when they disagree about what is best for an aging parent. Such situations sometimes lead to petitions for conservatorship.

Conservatorship: Problems can arise if family members disagree

If mental or physical incapacitation prevents a Georgia adult from being able to speak or act on his or her own behalf, the court may issue a ruling that designates another person to do it. Conservatorship allows a court-appointed person to manage financial or other daily life affairs for an aging parent, other loved one or even a non-family member. This can sometimes spark contention if the person over whom a conservatorship has been granted does not think he or she needs it.

Bank named conservator of lake property, sibling rift results

Any Georgia parent who has six children likely understands that sibling rivalries are not uncommon in life. However, most parents hope their kids will be friends as well as siblings. As parents age, disagreements can arise between brothers and sisters that cause serious, sometimes even permanent rifts. Such is the case for six siblings in another state who disagreed about a situation involving their father's lakefront property and a bank that was made conservator and guardian of a trust.

Sisters do not trust brother re petition to be legal guardian

When adult children in Georgia join forces to help an aging parent, differences of opinion can get in the way of quality care. Sibling rivalry often works its way into elder care issues, especially regarding whether a legal guardian might be needed in a particular situation. Three siblings in another state are currently involved in a legal battle over such issues.

Who determines if a court-appointed guardian is needed?

Many Georgia residents are elderly and dependent upon adult sons, daughters or other loved ones to help them with their financial, medical and daily living needs. It is not uncommon for people beyond age 80 to move into assisted-living facilities. A court-appointed guardian may be necessary if an elderly man or woman becomes incapacitated and unable to make decisions on his or her own behalf.

Contentions rise in a legal guardian case in another state

In Georgia and elsewhere, many elders have close relationships with adult sons or daughter, or perhaps adult nieces, nephews or grand-children. Such family members are often key figures in helping aging loved ones manage their financial affairs. An ongoing situation in another state involves the great-nephew of an older woman, who has owned and operated a hotel for many years, and a recent court decision to appoint a legal guardian due to her supposed incapacitation.

Conservatorship: What is it and when is it necessary?

Most people over the age of 75 encounter mental or physical health challenges. It is often an adult son or daughter who is tasked with providing support to an aging parent, which can be quite difficult if a parent suffers physical or mental incapacity. In Georgia, and elsewhere, conservatorship is a process that allows someone to act on behalf of another who is no longer able to act on his or her own behalf.

A court appointed guardian may affect your loved one's rights

If you're one of many adult children in Georgia who are caring for an elderly parent, you understand how challenging it can be. You want what is best for your loved one, but it isn't always easy to interpret that in a given set of circumstances. One of the most difficult decisions someone in your position can make is to file a petition for a court appointed guardian when your mother or father has become incapacitated.

A parent is forgetful: Does that mean mental illness is present?

Many Georgia residents are adult children of aging parents. While some are helping their loved ones with long-term care planning issues, others are doing their best to help their mothers or fathers transition to assisted-living facilities. There are also many adult children who are dealing with the ravages of mental illness in the very people who loved and cared for them their whole lives.

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