Last updated on April 16, 2021
To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.
Guardianships Can Enable You To Care For A Loved One
Guardianship is the process by which you can obtain the legal authority to care for someone else. You may assume that you can become the caretaker for a relative during a time of need. However, to make medical or other important decisions for someone who is not your child, you will need to be appointed that person’s guardian.
At The Siemon Law Firm Divorce and Family Law Attorneys, P.C., we help people through the Georgia guardianship process. To talk to a child custody lawyer in Atlanta, call 770-888-5120 today and schedule a consultation with one of our experienced and compassionate attorneys.
When Are Guardianships Necessary?
There are many situations where a person needs to be appointed as a guardian of someone else:
- To care for a grandchild or relative’s child who is living with you. By being appointed the child’s guardian, you will gain the legal authority to enroll the child in school, make health care decisions and make other decisions that the child’s parent would otherwise make.
- To care for an adult disabled child. Once your child reaches age 18 in Georgia, you will need to be named your child’s guardian to continue to make decisions for your child.
- To care for an incapacitated parent. If your parent is not competent to sign a power of attorney, you will need to be appointed your parent’s guardian to manage his or her care.
Guardianship can be temporary. For example, if you need to take care of your niece and nephew because their mom is in the service or is incapacitated, you can obtain temporary guardianship.
What Is A Guardian Ad Litem?
In Georgia, a guardian ad litem is a lawyer who represents the interests of children in matters that concern the court. In addition to child custody cases, guardians ad litem are used to investigate and advise the court in cases of child abuse and neglect.
The guardian will conduct a thorough investigation of the issues in the case, interviewing both parents, the children, teachers, family friends and others to determine the best interests of the children. The guardian ad litem will make a recommendation to the court on issues such as who should have legal custody, who should be the primary guardian and how much visitation the other parent should have. With few exceptions, the court will follow the recommendations of the guardian ad litem.
Both Sam and Josie Siemon at our firm are guardians ad litem. We view our role as an honor because it shows that the court has a great deal of confidence in our ability to protect the best interests of children. Having served as guardians ad litem in contested child custody cases, we know how you should communicate with the guardian ad litem and what evidence you will need to present to support your case.
What Should I Say To The Guardian Ad Litem?
The guardian ad litem will be less interested in what is best for the parent than what is best for the children. In everything you say and do, you should understand that your children’s best interests come first.
One thing you should not do is disparage the other parent. The court’s goal is for your child to have a healthy and positive relationship with both parents. If you belittle the other party in front of the guardian ad litem, that behavior will work against your case.
Call Or Email Our Guardianship Attorneys Now To Protect Your Interests
When you turn to The Siemon Law Firm Divorce and Family Law Attorneys, P.C., we are dedicated to resolving your family issues favorably. Whether you are considering guardianship or are ready to act, we want to help. Please call 770-888-5120 today and arrange a personal, discreet consultation. We are conveniently located in Alpharetta, Atlanta, Cumming and Marietta.
