When an adult can no longer manage their own financial affairs due to illness, age, injury, or cognitive decline, the court may appoint a conservator to step in and manage their affairs. This is a serious legal responsibility with complex requirements and long-term implications—not something to take lightly or navigate alone.
At Stephen H. Hagler, LLC, in Martinez, Georgia, we help families across the Augusta area understand their options, petition the court, and fulfill their legal obligations when a loved one needs protection. Attorney Steve Hagler has over 30 years of experience guiding clients through the probate and guardianship process with skill and compassion.
When Is a Conservatorship Needed?
A conservatorship becomes necessary when an adult—referred to as a “ward”—is determined by the court to be incapacitated and unable to manage their financial affairs. Common reasons include:
- Alzheimer’s disease or dementia
- Stroke or traumatic brain injury
- Mental illness
- Developmental disabilities
- Substance abuse issues
Unlike a guardianship, which grants authority over the person’s physical care, a conservator is responsible specifically for financial matters, such as:
- Managing bank accounts and paying bills
- Handling property and investments
- Filing taxes
- Keeping financial records and reporting to the court
In Georgia, the need for a conservatorship is determined under Title 29 of the Georgia Code, which governs adult guardianships and conservatorships.
Who Can Be Appointed as a Conservator?
Georgia law allows for a range of people to serve as conservators, including:
- A spouse or adult child
- A close relative or friend
- A professional fiduciary
- A court-appointed attorney or accountant
- A public conservator, in rare cases
The court’s primary concern is the best interests of the ward. Whoever is appointed must demonstrate financial competence, integrity, and a willingness to act in the ward’s best interest. They may also be required to post a fiduciary bond and undergo background checks.
Legal Complexities of Conservatorship
Becoming a conservator involves a formal court process:
- Filing a petition in probate court
- Providing notice to the proposed ward and interested parties
- Undergoing a court hearing, often involving medical evaluations
- Receiving letters of conservatorship from the judge, if granted
After appointment, conservators must keep meticulous records and submit regular reports to the court, showing how funds are being managed and spent. Failing to do so can lead to legal penalties, removal from the role, or personal liability.
According to the National Center for State Courts, over 1.3 million adults in the U.S. are currently under guardianship or conservatorship—and that number is rising as the population ages.
Trusted Legal Guidance in the Augusta Area
If you’re concerned about a loved one’s ability to manage their finances—or you’ve been asked to serve as a conservator—it’s important to seek experienced legal guidance. Stephen H. Hagler, LLC serves families in Martinez, Augusta, Evans, Grovetown, and throughout Columbia and Richmond Counties.
Steve Hagler’s practice focuses on wills and probate law, as well as domestic and family law, giving him the unique insight needed to handle sensitive cases involving aging parents, adult children with disabilities, or family disputes.
Schedule a Consultation Today
Serving as a conservator is a serious responsibility—but you don’t have to take it on alone. Whether you’re seeking to establish a conservatorship or need help fulfilling your duties, Stephen H. Hagler, LLC can guide you through every step of the process with clarity and compassion.
Contact our office today to schedule a consultation and protect the financial well-being of your loved one.
Posted on behalf of Stephen H. Hagler, LLC