Guardianship / Conservatorship

Guardianship / Conservatorship

For some members of our society, legal protection may be necessary even after they have entered adulthood.  These individuals may have been injured in an accident, continue to suffer from an incapacitating physical illness or psychological disorder, or have some other condition that prevents them from caring for themselves or managing their finances and property in a responsible manner. In these cases, a guardianship and/or conservatorship may be established. 

For Guardianship:  A person lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety.

For Conservatorship:  A person lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her finances or property.

Guardians and Conservators:

Both of these roles are a legal arrangement that places an individual, also known as a ward or protected person, under the supervision of a Guardian and/or Conservator.  

The Guardian or Conservator is typically a family member, friend, or fiduciary appointed by the court.  A protected person can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her own person or property.  Additionally, a person may require a guardian or conservator if they are prone to fraud or undue external influence. 

While guardianship and/or conservatorship does attempt to maintain the protected person’s independence, it should only be considered in appropriate cases, as it may significantly impinge upon the rights of the individual. 

Right to Due Process

To safeguard the protected person’s right to due process, he or she may be entitled to notice of, and ability to attend all legal proceedings related to guardianship.  In addition, the protected person may obtain representation by an attorney, present evidence, and confront and cross-examine all witnesses.

Guardianship of the Person

Guardianship of the person often relegates the following responsibilities to the appointed guardian:

  • Determining and maintaining residence
  • Providing informed consent to and supervising medical treatment
  • Consenting to and supervising non-medical services such as education, psychiatric or behavioral counseling
  • Making end-of-life decisions
  • Paying debts and other expenses
  • Maintaining the protected person’s autonomy as much as possible

The guardian may be required to report to the court about his or her activities on an annual basis.

Conservatorship of the Estate or Property

Conservatorship of the estate or property transfers the following responsibilities to the conservator:

  • Organizing, gathering and protecting assets
  • Arranging appraisals of property
  • Safeguarding property and assets from loss, whenever possible
  • Managing income from assets
  • Making appropriate payments
  • Obtaining court approval prior to any sale of major assets
  • Reporting to the court the estate’s status on a regular basis

Many guardianships are temporary arrangements, meant to protect an incapacitated individual until he or she regains capacity. 

Guardianship of Minors

Guardianships may also be used to protect the legal rights of a minor.  In the event that a parent is no longer able to act on behalf of his or her child, a guardian, usually a relative, is appointed.  Unlike an adoption, under a guardianship, parents may remain responsible for supporting the child financially and they do not necessarily forfeit their parental rights.

A minor may be considered for legal guardianship if his or her parent cannot provide shelter, does not have a steady income, suffers from an illness, or is incarcerated.  In most instances, parental approval is sought prior to any legal proceedings. 


The Elrod-Hill Law Firm,LLC assists clients with Estate Planning, Veterans Benefits, Medicaid, Elder Care Law, Probate, Special Needs Planning and Pet Trusts in the North Atlanta area including the counties of Dekalb, Gwinnett and Fulton.



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