Conservatorships in Georgia: What They Are and How Proper Planning Helps You Avoid Them

When life changes unexpectedly — illness, injury, or cognitive decline — families are often forced to make difficult decisions quickly. One of those decisions may involve seeking a conservatorship. While conservatorships are important safety measures, many families are surprised to learn how much court involvement, oversight, and cost they require. The good news is that with proper estate planning, a conservatorship can often be avoided entirely.

This article breaks down what a conservatorship is, why it may be needed, and the planning tools Georgia residents can use to stay in control of their financial future.

What Is a Conservatorship in Georgia?

A conservatorship is a legal arrangement where the probate court appoints someone — called a conservator — to manage the finances of an adult who can no longer manage their own property or money. This process is typically requested when a person becomes mentally or physically incapacitated and no prior legal documents are in place that give authority to someone else.

A conservator may be responsible for:

• Managing bank accounts and bills

• Handling investment decisions

• Collecting income and paying expenses

• Selling or maintaining property

• Filing taxes on the ward's behalf

In simple terms — the court gives someone permission to take over your financial life when you can’t.

Why You Might Want to Avoid Conservatorship

While conservatorships are created to protect individuals, they come with significant downsides:

1. Court Oversight and Loss of Independence

A conservator cannot act freely — financial decisions may require court approval. This means delays, paperwork, and added stress for loved ones.

2. Costly and Time-Consuming

Court filings, attorney fees, annual reporting, and ongoing oversight can make conservatorships expensive over time.

3. Family Conflict

If relatives disagree on who should serve as conservator or how money should be handled, disputes can quickly escalate.

4. Your Wishes May Not Be Known

Without written instructions, the court — not you — decides who manages your finances and how.

Most people prefer that their loved ones have a clear plan without needing court involvement. Fortunately, planning ahead gives you control.

How to Avoid Conservatorship in Georgia

A conservatorship is often avoidable if the right legal documents are completed before incapacity occurs. The key tools include:

Financial Power of Attorney

Allows a trusted person to manage your finances without court intervention.

Revocable Living Trust

Lets you appoint a successor trustee to manage assets if you become unable to do so.

Advance Directives

Make your healthcare wishes clear and appoint someone to make medical decisions when you can't.

With these documents in place, families can often bypass the conservatorship process entirely — saving time, money, and emotional strain.

Planning Is About Protection — Not Age

Many people believe estate planning is only for the elderly or wealthy. The truth is:

📌 If you own property, have children, run a business, or simply want control — you need a plan.📌 Illness or incapacity can happen at any age.📌 Planning early is a gift to your family and your future self.

Life is unpredictable — but your legacy doesn’t have to be.

Take Control of Your Future Today

A conservatorship can be a helpful tool when necessary — but it should be a last resort, not the default. A well-crafted estate plan ensures your finances and personal choices remain in trusted hands, without court interference.

If you want guidance on avoiding conservatorship and protecting your family, we’re here to help.

📞 Contact us to schedule a consultation

💬 Ask questions anytime

📄 Start planning for peace of mind

Your future is worth protecting. Let’s secure it now.