When Families Don't Agree On Guardianship Or Conservatorship

When families do not agree on who should become mom or dad's guardian or conservator, the impending fight can cause significant anxiety. Ideally, family members could sit down together and negotiate a solution. However, more often than not, someone takes legal action.

Turner Law, LLC, represents guardians, conservators and concerned family members involved in a variety of elder law disputes in the Atlanta metro area. We recognize that at the heart of most disputes is a genuine desire to protect the dignity and estate of a cherished loved one. We seek common ground and efficient solutions that minimize the negative impact on all parties involved.

Why Disputes Happen

When establishing guardianship or conservatorship, a court hearing will be scheduled to determine if the proposed ward has the mental capacity to manage his or her own affairs. If not, the court will then seek to appoint the most appropriate guardian or conservator.

A guardianship/conservatorship effectively removes the rights of one person and gives them to another, including the right to:

  • Conduct business and make contracts
  • Marry
  • Choose where they want to live
  • Consent to certain medical procedures
  • Manage trust assets or revoke revocable trusts
  • Bring legal actions

As you can probably guess, most disputes arise out of a concern about elder abuse or the potential for elder abuse. A guardian or conservator has complete control over another's livelihood and finances, and the court places a significant amount of trust in that person to safeguard the ward's interests, and to not exploit them.

What You Can Do

No stranger to the courtroom, Robert Turner regularly assists family members with preventing such scenarios. If you have received notification of a guardianship or you have concerns about a sibling or friend establishing guardianship, our firm can represent your interests at the hearing or help you negotiate alternatives to guardianship, such as a power of attorney or advance health care directive.

If the hearing has already taken place, all is not lost, though it's important to remember that exploitation hasn't occurred or will occur just because you don't agree with the court's decision. That said, if you have reason to suspect wrongdoing, our lawyer can analyze what options you have and take action to protect the one you care about.

Contact Us For Experienced Help

If you have concerns about an elder law proceeding or wish to bring action in Georgia, contact our office in Decatur at 866-768-5365 for a free phone consultation. You may also fill out our online contact form to get in touch.