What is a guardianship of the incompetent?

In Georgia, a guardianship of the incompetent refers to a legal relationship between a competent guardian and an incompetent ward. An incompetent ward is someone who is unable to make sound judgments concerning their own care due to mental or physical disabilities. A guardian is someone that is appointed by the court to manage the ward’s financial affairs and/or personal care needs. The guardian must then be approved by the court to be the ward’s guardian and is taken on the responsibility of acting for the ward’s best interests. In order to be appointed as a guardian of the incompetent ward, the court must determine that the ward is legally incompetent and is unable to adequately care for themselves. At this time, a petition is filed in the appropriate county court. The petition will include the name and age of the ward, the reasons why a guardian is needed, and the preferred guardian. Once the petition is filed, the court will hold a hearing and consider the evidence. If the court decides to appoint the guardian, then they will issue a guardianship order and the guardian must develop a plan for the ward’s care and financial management. The guardian must follow the court order in order to keep the guardianship intact. The guardianship of the incompetent is an important legal relationship in Georgia. It provides the ward with the necessary protection, support, and safety that they are unable to provide for themselves due to their disabilities. It also ensures that the ward’s best interests are taken into consideration and that their rights and interests are protected.

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What is a guardianship of the incompetent?

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