Guardianship/Estate Planning
Guardianship, also, referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable.
Guardianship is the MOST restrictive form by taking ALL rights away from the individual.
Alternatives to guardianship should be considered first. See Decision-Making Visual Chart.
Click here for : Handbook for Conservators of Minors in Georgia
Supported Decision Making
Supported decision making (SDM) is a tool that allows people with disabilities to retain their decision-making capacity by choosing supporters to help them make choices. A person using SDM selects trusted advisors, such as friends, family members, or professionals, to serve as supporters.
Power of Attorney
The term power of attorney (POA) refers to a legal authorization that gives a designated person the power to act for someone else. As such, a POA gives the agent or attorney-in-fact the authority to act on behalf of the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care. There are two main types of POAs, financial and health care—both of which provide the attorney-in-fact with general or limited powers.
KEY TAKEAWAYS
- A power of attorney is a legal document that gives one person the power to act for another person.
- The person who receives the authority is the agent or attorney-in-fact while the subject of the POA is the principal.
- The agent can have broad legal authority or limited authority to make decisions about the principal's property, finances, or medical care.
- The POA is often used when the principal can't be present to sign necessary legal documents for a financial transaction.
- A durable power of attorney remains in effect if the principal becomes ill or disabled and cannot act personally.
Advanced Directive
A legal document that states a person's wishes about receiving medical care if that person is no longer able to make medical decisions for themselves. The Georgia Advance Directive for Health Care is an attempt to combine the best features of the Living Will and Durable Power of Attorney for Health Care into one written document. An effort has also been made to make the execution (signing and witnessing) of this document easier and more convenient.
Guardianship- also, referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable. Guardianship is the MOST restrictive form by taking ALL rights away from the individual. Alternatives to guardianship should be considered first. Guardianship should only be considered if the individual is not capable of making any decisions for themselves and can be proven through Probate Court. A petition is filed with the local Probate Court. As the parent/guardian, you will have to make the decision as to what you are looking for. If you need assistance with an attorney, you can reach out to Georgia Legal Services at www.glsp.org or at 1-833-457-7529. Pro Bono legal aid can be found here https://www.georgialegalaid.org/
Developing an Estate Plan for Parents of Children with Disabilities: A 15 Step Approach
If you have a a child with a disability, the need to plan for your future, as well as your child’s, is important and the time to plan is now!
The reality is that something could happen at any moment to leave you or your child at risk. It could be death or a chronic illness. Click here for more information.
SpecialCare is a MassMutual program that provides access to information and resources to families with dependents of any age who have special needs.
Georgia has recently announced their STABLE account program to residents who have acquired/been diagnosed with their disabilities before the age of 26. The following is brief eligibility information for you to determine whether STABLE can be your income savings option.
Georgia STABLE/P2C Matching Scholarship Program
The GA STABLE/P2C Matching Scholarship Program is designed to encourage families with children who have disabilities to save tax-deferred for future qualified educational expenses through Georgia’s P2C 529 Savings Plan. The Office of the State Treasurer (OST) is partnering with Georgia’s Path2College 529 Savings Plan (P2C) and the Georgia STABLE Program to offer the GA STABLE/P2C Matching Scholarship of up to $2,500 for eligible existing or new Georgia STABLE account owners. The award amount will be a dollar-for-dollar match based on net contributions made to an eligible recipient’s Georgia STABLE account between July 1 and December 31, 2023. Net contributions are deposits less withdrawals made during the same period.
The GA STABLE/P2C Matching Scholarship Program is designed to encourage families with children who have disabilities to save tax-deferred for future qualified educational expenses through Georgia’s P2C 529 Savings Plan. Matching Scholarships will be awarded on a first-come, first-served basis for new or existing Georgia STABLE account owners who apply by entering the scholarship promotion code, MATCH2023, through the Georgia STABLE website.
Who Is Eligible?
ABLE qualified Georgia residents ages 18 and under who have net contributions made to their new or existing Georgia STABLE accounts between July 1 and December 31, 2023.
How It Works:
Once an existing or new Georgia STABLE account has been opened, qualifying applicants apply for Matching Scholarships through the Georgia STABLE website, by entering the scholarship promotion code, (MATCH2023).
Matching Scholarship recipients will be notified of their awards in early 2024 and given instructions on how to redeem their awards. Each recipient must open a P2C account and follow instructions to redeem their awards into their P2C account. The GA STABLE/P2C Matching Scholarship Program allows award recipients flexibility to claim awards when they want and in desired amounts for qualified education expenses. At the time recipients claim their awards, they will receive information explaining how to open a P2C savings account to receive the scholarship funds.
Matching Scholarship funds will be held in the GA STABLE/P2C Matching Scholarship Trust until recipients claim awards to fund their P2C accounts. For more information about the Georgia STABLE Program, call 1-800-439-1653. Consider investment objectives, risks, charges, and expenses before investing. Before you open an account, you should carefully read and understand the STABLE Account Plan Disclosure Booklet found at the Georgia STABLE website.
For more information about the Path2College 529 Savings Plan, please the website. For information on OST, please visit the OST website.
Click Here for- Scholarship Flyer I Click Here- How to Apply for Matching Scholarship- NEW Accounts I Click Here- How to Apply Existing Accounts
LEGAL ASSISTANCE
THINGS MIDDLE GEORIGA JUSTICE HELPS WITH: Attorney referrals and direct representation for family law, heirs’ property, probate, property, guardianship matters, divorce, legitimation, criminal history relief, as well as ID card and driver’s license issues.
478-238-0224
info@mgajustice.org