Conservatorship Attorneys Serving Macon And Across Georgia
When an adult can no longer manage important financial decisions, families may need legal help protecting that person’s property and finances. A conservatorship allows a court-appointed conservator to manage an adult’s property and finances under probate court oversight.
At Bloodworth, Crowley & Leverett, our conservatorship attorneys can help you navigate complex estate planning and probate matters. Our three estate planning attorneys have more than 100 combined years of legal experience. We take the time to explain your options and help you understand your responsibilities.
What Can A Conservator Do?
A conservator manages an adult’s property and finances. The court decides what the conservator can do based on Georgia law and the circumstances of the case. A conservator may:
- Receive and manage the adult’s property
- Make allowed payments
- Manage investments
- Handle certain contracts and financial matters
The conservator must use these powers within the limits set by Georgia law and the court’s order.
What Are The Limits Of A Conservator’s Authority?
A conservator cannot make every decision about an adult’s money or property. Georgia law and the court’s order set the limits of what the conservator can do. Some actions, such as certain transactions involving real or personal property or larger financial claims, require court approval.
Healthcare decisions are also generally outside the conservator’s role. Those decisions are separate from the property and financial matters handled by a conservator.
How Is A Conservator Appointed Or Replaced?
A conservator is appointed by the Georgia probate court. Before the appointment, an adult may name someone they want to serve as conservator in writing. Georgia law sets an order of preference:
- The adult’s written nominee
- The adult’s spouse or spouse’s nominee
- The adult’s adult child or child’s nominee
- The adult’s parent or parent’s nominee
- Certain people who previously served as conservator
- A suitable friend, relative or other individual
- A county conservator, when applicable
The court considers these preferences when deciding who should serve. The adult’s written nomination has the highest preference unless the court finds good cause to disregard it. A conservator may resign, and the court can appoint a successor.
Our estate planning lawyers at Bloodworth, Crowley & Leverett can help you navigate the conservatorship process, including questions about who may serve and changes to the person serving as conservator.
Conservatorship Vs Guardianship
A conservatorship and guardianship serve different purposes. Knowing the difference can help families decide what type of legal authority an adult may need when they can no longer make certain decisions on their own.
A conservator generally manages an adult’s property and finances. A guardian generally makes decisions about an adult’s health and safety. The roles are separate, and an adult may have a guardian, a conservator or both, depending on the circumstances.
Talk To A Georgia Conservatorship Attorney
When a loved one can no longer manage their finances, deciding how to protect their property can feel overwhelming. Bloodworth, Crowley & Leverett can help you understand whether a conservatorship may be right for your situation, what the process involves and what to expect from the court.
Contact us at 478-772-3938 or email us to discuss your situation.