Georgia Guardianship


O’Dell, O’Neal, Hungerford, and Blanchard Attorneys provide services and steady guidance in helping a family navigate the process of obtaining guardianship and conservatorship of a parent, child or sibling when everyone agrees to the outcome. We also provide representation for individuals who have differing opinions over the situation. Nominating a guardian and conservator can be taxing on a family. Situations involving hospitals, nursing homes and skilled nursing facilities urging families to have a decision maker in place can be overwhelming. Sometimes once a guardian or conservator is in place, they may be subjected to claims that their services are conflicting to the interests of the Ward, or in the worst situation, face claims of fraud, abuse and mismanagement.

Our firm represents family members who believe that the estate is being mismanaged or the care provided is inappropriate, as well as guardians and conservators facing such claims. In all instances, we are committed to aggressively advocating the desires and wishes of the client, understanding that there is nothing more personally important than the well-being of a family member.

As a grandparent in the state of Georgia, you have the right to exercise visitation with your grandchild. Grandparents can file an action seeking visitation or intervene in a pending action where the issue of custody, divorce of the parent(s), termination of parental rights, visitation or adoption is before the court. The court can grant grandparents visitation if by clear and convincing evidence the health and welfare of the child would be harmed unless the grandparent(s) are granted visitation and the best interests of the child would be aided by such visitation. When considering whether the health and welfare of the child would be harmed, the court can consider and possibly find that harm to the child will likely result when they have lived with you (the grandparent) for six months or more, you provided financial support for their basic needs for at least a year, you had regular visitation with your grandchild or any other condition signifying that emotional or physical harm would likely result if visitation is not granted.

 

“Grandparent’s Rights to Visitation” by Alyssa Blanchard