Can a guardian be appointed over the objections of the ward?
In Georgia, a guardian can be appointed over the objections of the ward, though the court weighs the opinions of the ward if the ward is capable of making their own decisions. If the ward is of sound mind and expressions their opposition to the appointment of a guardian, the court must take their opinion into account when making a decision. The court may also consider the ward’s preferences for a guardian. Before a guardian can be appointed over the objections of the ward, the court must find that the ward is unable to make sound decisions and is in need of protection. An attorney will usually be appointed to represent the ward, and a court will take any evidence and testimony presented in the hearing into account. The court may also consider the opinion of a doctor if the ward is unable to communicate their wishes or preferences. Ultimately, it is the court’s responsibility to determine if a guardian should be appointed over the ward’s objections. If the court finds that a guardian is necessary, then they will make an order appointing a guardian and detailing the responsibilities and duties of the guardian. The ward must comply with the order and the wishes of the guardian.
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