Similar to a guardianship in some ways, a conservatorship is a court-managed process by which the court seeks to protect an individual’s assets by “conserving” them. Also called a court-ordered conservatorship or a probate conservatorship, these legal structures are usually created when an elderly or disabled person becomes incapacitated or incompetent to make financial decisions, especially if there is a concern that others may take (or already be taking) advantage of them that require dispute resolution. Courts may also order a conservatorship if a person is so incapacitated they can’t provide for their own food, shelter and other basic needs.
Disputes can also arise when claimants come forward with a promissory note or other instrument that the heirs believe is not valid, or when children from multiple marriages argue over distribution of assets. In some cases, disputes may involve business or personal injury matters—with significant financial impact—of which the heirs had no prior knowledge. In all of these instances, the probate process becomes more complicated.
At Turner Law, we use estate planning techniques to help our clients meet a number of financial goals, from sheltering income from taxation today, to minimizing the effect of estate taxes tomorrow, to protecting assets from potential malpractice and other types of litigation.
Wills
POAs can serve the same objective as advanced directives or living wills (these are often called medical POAs), but they do not allow you to specifically direct your care. Instead, you entrust those decisions to your agent.
Trusts
A charitable trust is a type of irrevocable trust that can serve two purposes. First, it can provide money for a charitable purpose. Secondly, it can provide tax advantages and income for you during your lifetime.
Power of Attorney
The descriptions are provided here for clarity. However, in Georgia, are not required to be executed separately. An advance health care directive can be crafted that combines a health care power of attorney, a living will and a HIPPA consent form.
Probate
Probate services: We serve clients in the Atlanta area and throughout Georgia, as well as with out-of-state families who need assistance probating a Georgia estate. Lawyer Robert Turner handles every aspect of probate administration, including litigation such as will contests and disputes over management of a trust or estate.
With a law degree, an MBA and a LL.M in taxation, Robert has the technical background to use sophisticated estate- and tax-planning techniques to protect your family’s assets.