Monday, December 28, 2015

Due process in appointing a guardian for an adult

Among our most cherished rights, as American citizens, are the freedom of choice as to our movements, to be free to go where and when we wish, and the right to control and use our worldly possessions as we see fit. To place another in control of our person and our possessions deprives us of these basic rights. The law permitting such deprivation should be strictly construed and all requirements of the law strictly complied with.
Justice Carlton Mobley for the Supreme Court of Georgia in the unanimous opinion in Boockholdt v. Brown, 224 Ga. 737, 739, 164 S.E. 2d 836, 838 (1968).

Thursday, April 9, 2015

How to terminate an adult guardianship or conservatorship in Georgia

Guardianships and conservatorships, by and large, are not often terminated because, in most cases, the adult ward is of advanced age or disability and the need for a guardian and conservator will continue until death. However, in cases of mental illness or in cases of catastrophic injuries from which a ward may recover significantly, it may be appropriate to end the guardianship when the need for a guardian abates.

Article: "Protecting the Protected: Overseeing Adult Guardianship"

This article highlights common procedural infirmities that plague the establishment of adult guardianships and conservatorships nationwide, along with brief examples of abuse: “Protecting the Protected: Overseeing Adult Guardianship,” by Judy McKee and Sean M. Douglass. It is a few years old but still very relevant.