It is sometimes necessary for a person who is unable to care for him or herself to have a legal guardian appointed. The appointment is made by the Probate Court of the County in which the person resides. Following the appointment, the guardian has the right to make all decisions on behalf of the ward, from medical care to entering into contracts to deciding where the ward will reside.
The guardian is required to file with the Court an "action plan" regarding the care of the ward and must report on an annual basis as to the condition and circumstances of the ward.
The need for a guardianship may arise due to age-related aliments such as Alzheimer's, or when a special needs or incapacitated child becomes an adult.
If the ward has assets, the Court will generally appoint a person to serve as the conservator of the assets. Until several years ago, the "conservator" was referred to as the guardian of the property. In such a case, the conservator is required to invest the assets in an extremely conservative manner and to use the assets only for the support of the ward. Any such expenditures and investments are closely monitored by the Court.
Mr. Humber has participated in numerous guardianship proceedings in many Georgia counties. He is also familiar with alternatives to guardianships that may be more flexible for both the ward and the family members and is very well versed in guiding clients through the optional courses of action.