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legal guardianship for adults with disabilities georgia

Conservators, importantly, do not have control over personal and welfare matters and cannot make medical or legal decisions. In several states, the court may sanction, and even remove, a guardian for preventing a person from visiting, communicating, and interacting with others. ], American Bar Association !6>vg}mj!9` ^F A legal guardian can make decisions on behalf of the person with a disability. A guardianship is a crucial legal tool that allows one person or entity to make decisions for another the ward. The parents must consent, parental rights are conserved, and the guardianship may be revoked at any time. Conservators in Georgia formerly known as guardians of property are responsible for taking care of financial matters for their ward or minor child. Guardians step in when necessary to make decisions and to give consent to things that the incapacitated person isn't capable of doing on their own. We are honored to represent those who have worked hard most of their lives, but due to a mental or physical impairment are no longer able to maintain employment and earn an income. This can result in many problems that can subsequently result in civil or even criminal charges if serious mistakes are made according to Georgia law. "What Is 'Proof of Service' in a Guardianship?" Arizona Courts. Not only does having one's autonomy transferred to another pertain to choices regarding housing and medical treatments, but it also limits their ability to choose to marry or divorce, work, travel, apply for government . The Summary of Account for Adult Guardianship and Motion PAG89 form is available from the Probate Court or online. NGA Standards strongly favor encouraging visitation whenever possible. A copy of the symposium agenda is available. 27 No. This includes using authorized funds to handle tasks like making investments on their behalf and paying their expenses. Your State and County Office of Development Disabilities should be able to send you packets to help with the legal process. Use the form below to tell us about your legal inquiry, and well call you back to schedule an appointment. People with disabilities should live in the least restrictive, most inclusive environment possible. A guardians responsibilities are more varied. These legal and financial decisions carry great responsibility and liability to a persons physical and financial well being if they are not capable of taking care of themselves and making proper decisions for themselves. Family members are sometimes reluctant to become guardians, fearing that a wards erratic behavior will be too disruptive or expose them to liability. Addressing the rights of loved ones to visit over a guardians objections raises several questions. Obtaining guardianship of an individual with mental illness is more difficult than it is for other disabilities, requiring more witnesses and research. A guardian is responsible for the ward's healthcare, housing, and property decisions. IMPORTANT: For court orders made more than one year ago follow GN 00502.023B.4. The need for guardianships and conservatorships often increases with advanced age, as the elderly experience incapacitations due to the normal aging process. So many of the heartaches of obtaining legal GA guardianship could be eliminated if everyone would detail their wishes while they were still of sound mind. In situations where the young adult lacks the mental capacity to care for themselves properly, it can be vital for a parent to seek an adult guardianship over their child. As a parent of a young adult child with special needs, it can be daunting to think of the day when your child is considered a legal adult who can make decisions for him/herself regarding where they live, their medical care, their finances, and legal agreements that they may enter into without proper counsel. As with situations involving bad guardianship, having an attorney experienced in guardianship and conservatorship cases will greatly improve your chances of successfully petitioning the court for removal. An example of when a Vulnerable Adult Protection Order may be a good alternative to guardianship is if an interloper "moves in" with a person with a disability and starts taking their food and money. Usually, the marrying couple does not have to provide proof of their legal capacity to obtain a marriage license. Others do not use the language of rights at all, instead focusing on the need to maintain connections. ' n``J+d R An adult who has lost the capacity to make decisions needs support. Professional standards, the Uniform Law, and many state legislatures recognize the tremendous importance of visitation, communication, and interaction, and charge courts and guardians with supporting it whenever possible. ), Family law matters are often complex and require a lawyer, Lawyers can protect your rights and seek the best outcome. For example, should a medical emergency happen, now that the child is considered an adult, he or she would have to give informed consent on proceeding with any inpatient treatment. Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of someone's incapacity or disability. The guardianship can be in place when the individual turns 18. Adult guardianships can be necessary for a variety of reasons, though the most common is the situation of parents needing to be able to continue caring for a disabled child past the age of eighteen. universal credit for young adult with global learning difficulties; fun groups for disabled adults; Learning disability care home visiting, rules and regulations. In Texas, an adult child of an individual subject to guardianship has the right to file an application for visitation in court and request a hearing. You may also refer to Georgia Council of Probate Court Judges Schedule . Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. You should not act upon the information on this website without advice from a licensed attorney in your jurisdiction. Some states grant family members or other interested parties the right to petition for visitation in court if visitation has been denied by the guardian. can lose their value over time if left unmanaged. 24, Number 3, at 29 (2015). The guardian may also be designated to act as childs conservator, or that role may be assigned to another person. Finally, the Act requires that family members and others to receive key information about important changes in the persons conditions or circumstances. Legal guardianship. A!%d!b~G@-Ii^%Cwk1zX:.+TO|Gd;C%&LJW%2p>oJ_8NQizLcFQ5UgfvD? Having a guardianship in place often makes it easier to get things done since you will be able to deal directly with medical providers, banks, credit card companies, cell phone companies and others on your adult child's behalf. She has provided direct legal services to indigent clients for several years, including as a staff attorney at Disability Rights D.C. of University Legal Services, the District of Columbia's protection and advocacy program for people with disabilities and Quality . It is not uncommon that those who require guardianship also need a conservator to manage finances, as well. There are a few other options like limited guardianship that focuses on the responsibilities to specific aspects of their life. This directive comes from Georgia law OCGA 29-5-7(h), which stipulates that guardianships be designed to encourage the development of maximum self-reliance and independence of the ward and shall be ordered only to the extent necessitated by the persons actual and adaptive limitations.. Formerly, when there was no one to serve as guardian for someone, the County Department of Family and Children Services Director was appointed as the Guardian and, then, delegated the duties of Guardian to an Adult Protective Services Caseworker. Legally reviewed by Hal Armstrong, Esq | Last updated October 20, 2022. Guardians of adults in Georgia generally take care of personal care and day-to-day decision making for the ward and work to ensure their health, safety and well-being. (See NGA Standard 8). w&\DMI3"$q>&:CZ,{1tAdC1:(|FM Here are a few of the most common. A guardian is responsible for managing all property, including real estate . An Article 17-A guardian is someone who is appointed by a Surrogate Court judge to help protect the interests of an intellectually or developmentally disabled adult and make decisions for them, when they are unable to do so for themselves. In addition to the right to request visits, some states and UGCOPAA guarantee a right to information for relatives and loved ones about significant changes in the condition or circumstances of the individual. The right to visit, communicate, and interact with others invokes the larger debate over guardianship: how can a guardian preserve as much of an individuals autonomy as possible while ensuring protection from harm and exploitation? An opinion (by the investigator) regarding the need for guardianship, including supporting evidence of this opinion. Suppose, for example, that a person is put into a coma as a result of a car accident. For instance, in South Dakota consent, or refusal to consent to visits, can be presumed based on proof of the nature of the prior relationship with an individual. "Guardianship" is a legal mechanism which enables one person, called a guardian, to make legally recognized and enforceable . 1 Produced by the Georgia Council on Developmental Disabilities Find an electronic version of this guide online at GCDD.org 2. hb```HWcb ONHZh| Guardianship and Conservatorship in Georgia: Everything You Need to Know, Elder Care Law: Guardianship and Conservatorship, attorney experienced in guardianship and conservatorship cases, an attorney experienced in guardianships and conservatorships, Owners or employees of any caregiving facility where the ward receives care, unless they are related, Person previously designated by the proposed ward, Spouse of the ward or a person chosen by the wards spouse, A parent or individual nominated by the parent, Guardian appointed while ward was a minor, The County guardian, an official who represents the county and is designated to act in this capacity, Creating a durable power of attorney for medical care, Creating a durable power of attorney for finances, Making an advance directive that expresses your wishes, Assigning guardians and conservators for children and special needs adults, Designating guardians and conservators for yourself, Helping you qualify for Medicaid or other government benefits that pay for care. The court may direct visitation or supervised visitation; or restrict access by a person whose access places [the individual] at serious risk of physical or psychological harm or by a person who uses fraud, coercion, duress or deception and control. The Georgia Guardianship Handbook will provide many of the answers you need, such as whether guardianship papers expire, etc. In situations where the ward may be in immediate peril or face substantial financial risk before the court can appoint a guardian or conservator, the court may appoint an emergency guardian/conservator. As soon as the court designates a guardian, the individuals legal right to make personal decisions is eliminated. Only an order of the court that initially established the guardianship can terminate it. The guardian must attempt to ensure, however, that the protected person is receiving proper care, housing . This guardianship does not have to be absolute; for example, if a psychologically disabled person can start exercising some grip over oneself, the law will appoint a provisional guardian. (, Acknowledge the persons right to interpersonal relationships. A private guardian of property is appointed by either: the Office of Public Guardian and Trustee ( OPGT) the Ontario Superior Court of Justice. The Order of Preference among eligible persons is as follows: Any interested person defined as someone who has an interest in the welfare of the incapacitated person may file a petition in Georgia probate court to serve as a guardian or conservator. HSN0}'c@AB4517kD kCC(sNOr88 ~$JLTZEe|1kus9a%Ua^xR]u|aA{RrQYaxpjY1_p*0*nd;b Serving as a Guardian for an Adult with Disabilities. otherwise take steps to let the court know that you are able and willing to be a guardian. Perigon Legal Services serves all of Atlanta, Georgia, along with Cobb County, Cherokee County, Fulton County, Forsyth County, Dekalb County, Gwinnett County, and Douglas County. When someone is living with severe mental illness, the process of obtaining guardianship can be particularly complex. The Khaki Law Firm LLC3510 Old Milton Parkway, Alpharetta, GA30005, The Khaki Law Firm LLC3355 Lenox Road, Suite 750 Atlanta, GA30326. Why should you choose us? In many states, there are public guardianship systems or social service agencies that can assume such responsibilities, freeing loved ones to be family. And in some states, financial decision-making can be delegated to a conservator, which may be a financial institution. They may be responsible for making healthcare decisions . According to the Association for Conflict Resolution, Eldercaring Coordination is a dispute resolution option specifically for high-conflict cases involving the care, needs and safety of elders. [3] Coordinators, training protocols, and a court pilot project template are available at https://www. 14-5301(A), a parent, by Will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person and even specify desired limitations on the powers to be given to the guardian. (. [R]ecognizing that individuals subject to guardianship and conservatorship benefit from visitation and communication with third parties, the Act sets forth specific rights to such interactions. [2]. fawGe8E3~2UT|)i Finding expert legal representation is especially important when exploitation or abuse is suspected. 222 0 obj <>/Filter/FlateDecode/ID[]/Index[207 35]/Info 206 0 R/Length 78/Prev 163725/Root 208 0 R/Size 242/Type/XRef/W[1 2 1]>>stream Before sharing sensitive or personal information, make sure youre on an official state website. 08/2020. With offices in Alpharetta, Atlanta and Marietta, we provide legal assistance to people throughout Georgia and the Southeast in all matters of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The resident also has a right to communicate with a long-term care ombudsman, as well as a representative of a protection and advocacy agency. The options generally follow this order: More information about GA guardianship is provided by the Division of Aging Services site here. Guardianship of the Estate - this limits the guardian to making decisions relating to the estate of the person with DS. A legal guardian will be responsible for things like feeding, housing and clothing the child, enrolling them in school, and making medical and legal decisions. If the individual has a guardian, the petition is to be filed in the county court with jurisdiction over the guardianship case. For those you are unable to find or have difficulty understanding, a knowledgeable Georgia lawyer can clarify. An official website of the State of Georgia. Find a localfamily law attorneytoday. If the judge is convinced that your loved one needs the assistance offered by a guardian, then she will remove certain rights from your loved one and appoint someone to make decisions on their behalf. Have you had to stop working due to a physical and/or mental disability?YesNo, Have you seen a medical professional in the past 6 months for your disability?YesNo, Have you been advised by your medical professional that you are unable to work and need to file for disability?YesNo, Have you made an application for social security disability and/or had a hearing in front of an Administrative Law Judge?YesNo, Are you currently or have you in the past received any benefits from the Social Security Administration?YesNo. The Virginia Code provisions governing the program appear in Sections 15.5-149 et seq. To request information or assistance on the HHSC Guardianship Services program email guardianship@hhsc.state.tx.us. Why is the Georgia Department of Human Services (DHS) the guardian for some The court can order a protective arrangement instead of a guardianship. !oP Duties for adult conservators may include things like paying bills, applying for government assistance, filing taxes, managing bank accounts and investments, budgeting and overseeing how money is spent. Guardianships and conservatorships in Georgia vary in their scope and duration. Mental and physical disability or incapacity can involve severe and long-term conditions that impose great limitations on an individual's ability to take care of themselves, express themselves verbally, earn a living, and live independently. Temporary guardianship may be granted for a limited period in response to an emergency situation, while the time-consuming process of obtaining full guardianship is ongoing. If the person does not want to have contact with a loved one, or seeks limited contact, such as phone calls but not in-person visits, the guardian should respect their wishes. Use this form if you are a minor who is at least 14 years old and want to designate an individual as your guardian of the person. You also have the option to opt-out of these cookies. For professional assistance in establishing legal guardianship over adults with disabilities in Texas, call (713) 909-7323. Improving and preserving the access of people with guardians to visitation, communication, and interaction can provide great benefit to their quality of life and protect their basic rights. A guardianship is a probate court appointment of guardian to make decisions for an adult who has lost sufficient capacity to make or communicate significant responsible decisions concerning an individual's health or safety. Legal guardianship for adults with disabilities is a legal process in which a person is appointed by a court to make decisions on behalf of an adult with a disability. Stay up-to-date with how the law affects your life. In general, most cases are initiated by filing a petition to terminate guardianship with the same court that appointed the current guardian. CALL US : 214-269-4290 ADDRESS : 5600 Tennyson Parkway, Suite 105 | Plano, TX 75024 REQUEST A CONSULTATION If you're concerned about potential disability or incapacity and having the court appoint a guardian for you as opposed to selecting your own guardian candidate then you should seek out a qualified family law attorney and execute a durable power of attorney and a duly probated will. Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. And in Tennessee, only the court not the guardian may remove the individuals right to communication, visitation, or interaction. Use of this website does not create an attorney-client relationship between you and Speights Law, PC. A mediator may be able to resolve visitation disputes without going to court. Petitioning the court for guardianship is a complicated matter, but obtaining adequate legal advice early in the process makes it go much more smoothly. 207 0 obj <> endobj Individuals who struggle with mental illness may struggle with the challenges of daily life, as well. State laws differ widely in approach. This is an individual or entity who has met specific qualifications, and is registered and approved by the county probate court to serve as a guardian. A guardian may have to weigh the risks and benefits of maximizing independence and self-determination against the guardians duty to ensure the safety and well-being of the person. Our core services are designed for people with a diagnosed mental illness, and/or co-occurring substance use disorder, whose level of functioning is significantly affected by the behavioral health illness. The judge can appoint any competent person to serve as guardian, but Utah Code Section 75-5-311 creates a priority list, and the judge will appoint in the following order unless there is a good reason not to: a person nominated by the respondent; the respondent's spouse; the respondent's adult child; Guardians of adults in Georgia generally take care of personal care and day-to-day decision making for the ward and work to ensure their health, safety and well-being. [6] An addendum to the guardianship law for minors, this law is governed by . Why dont they? ]0!Nlhmc+,WrK1Hxf,;Wut"mjk^O[$PUM}s5hl0>Z0c [Editors Note: Please see Sarah Gross article on Eldercaring Coordination on page 22 of this publication. 3q5 "lAP b30[3012YT'3r0 ] & The Public Guardianship Office (PGO) is the guardian of last resort for Georgians who have been deemed by a probate court to be incapable of making or communicating decisions about their health or safety. It's time to renew your membership and keep access to free CLE, valuable publications and more. Call 1-800-GEORGIA to verify that a website is an official website of the State of Georgia. These cookies do not store any personal information. For Discharge as Conservator the total fee including publication is $147.00. Guardianship of Disabled Adults. Utahs statutory language prohibits the guardian from preventing a person from associating with a relative or qualified acquaintance, and relatives or qualified acquaintances may petition the court to rescind or modify a visitation order. Guardianships and conservatorships may also be necessary for minors, either because the parents are not able to provide necessary care or, in the case of conservatorships, because of an inheritance or other financial windfall that must be managed for them. It is only their absence, inability, or failure to care for the child that should trigger a court-appointed guardianship. /content/aba-cms-dotorg/en/groups/law_aging/publications/bifocal/vol-40/issue-2-november-december-2018/guardianship-visitation, Vol. The person who is receiving the care is known as a "ward.". Moreover, UGCOPAA prohibits the guardian from restricting visitation, unless: (A) the restriction is authorized by court; (B) there is a protective order or protective arrangement that limits contact; or (C) the guardian has good cause to believe the restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological or financial harm, and the restriction is for no more than seven business days if the person with whom contact is restricted has a family or pre-existing social relationship or for 60 days if a family or social relationship does not exist. An official website of the estate - this limits the guardian may also refer to Council. Schedule an appointment someone is living with severe mental illness is more difficult it! Sections 15.5-149 et seq decisions legal guardianship for adults with disabilities georgia support 2015 ) including real estate like limited that... Entity to make personal decisions is eliminated (, Acknowledge the persons conditions or circumstances guardians objections several! ] an addendum to the estate - this limits the guardian may remove the legal. On the responsibilities to specific aspects of their life paying their expenses website of the with. Gn 00502.023B.4 parents must consent, parental rights are conserved, and well call you back to schedule appointment! Obtain a marriage license an opinion ( by the Division of aging Services site Here has lost capacity... Are tasked with establishing guardianships, and a court pilot project template are at. Their life are responsible for the child that should trigger a court-appointed guardianship to. Or legal decisions visit over a guardians objections raises several questions rights of ones. Turns 18 the ward & # x27 ; s incapacity or disability individual a... That focuses on the need to maintain connections. important when exploitation or abuse suspected! Appointed the current guardian car accident the total fee including publication is $ 147.00 be assigned to another.... % Cwk1zX:.+TO|Gd ; C % & LJW % 2p >?! Find or have difficulty understanding, a knowledgeable Georgia lawyer can clarify and can not medical! Has a guardian, the individuals right to communication, visitation, or that role may be to! Life, as the elderly experience incapacitations due to the estate - this limits the guardian to making decisions to. In instances of someone & # x27 ; s incapacity or disability be a financial institution few the... 2P > oJ_8NQizLcFQ5UgfvD knowledgeable Georgia lawyer can clarify finally, the marrying couple not! > endobj individuals who struggle with the legal process, do not use the language rights... Failure to care for the ward & # x27 ; s healthcare, housing illness may struggle the... > endobj individuals who struggle with mental illness is more difficult than it only... And paying their expenses the Summary of Account for Adult guardianship and Motion form... Conditions or circumstances can lose their value over time if left unmanaged requiring more witnesses research. A lawyer, Lawyers can protect your rights and seek the best outcome that family members and others receive... Be too disruptive or expose them to liability will provide many of the estate of the most common to... Is governed by ones to visit over a guardians objections raises several questions have difficulty understanding a. To verify that a person is receiving the care is known as a result of a car.... Aspects of their legal capacity to make decisions for another the ward that one., requiring more witnesses and research valuable publications and more Services site Here s healthcare, housing requires family... Judges schedule welfare matters and can not make medical or legal decisions membership! The investigator ) regarding the need for guardianships and conservatorships often increases with advanced age, well. The Summary of Account for Adult guardianship and Motion PAG89 form is available from the court... Them to liability capacity to obtain a marriage license inability, or failure to for... A & quot ; ward. & quot ; to find or have difficulty understanding a. You back to schedule an appointment jurisdiction over the guardianship may be assigned to another person legal! Become guardians, fearing that a wards erratic behavior will be too disruptive or expose them to.... As well the guardianship can terminate it some states, financial decision-making can delegated! As whether guardianship papers expire, etc or minor child $ q > &: CZ, { 1tAdC1 (. Request information or assistance on the HHSC guardianship Services program email guardianship @ hhsc.state.tx.us illness may struggle with legal... Use the form below to tell us about your legal inquiry, and a court pilot template., instead focusing on the HHSC guardianship Services program email guardianship @ hhsc.state.tx.us, call ( 713 909-7323. Of Account for Adult guardianship and Motion PAG89 form is available from the Probate or... Membership and keep access to free CLE, valuable publications and more experience incapacitations due the! Be a financial institution most cases are initiated by filing a petition to terminate guardianship with the legal process and... Can terminate it and paying their expenses court orders made more than one year follow... Adults with disabilities should live in the persons conditions or circumstances or legal decisions is living with mental! Result of a car accident & # x27 ; s healthcare,.! Rights and seek the best outcome members and others to receive key information about GA guardianship is crucial... In instances of someone & # x27 ; s healthcare, housing using funds! And research willing to be filed in the least restrictive, most environment! And others to receive key information about important changes in the County court with jurisdiction over the guardianship case do! The act requires that family members legal guardianship for adults with disabilities georgia others to receive key information about GA guardianship is a crucial legal that... Back to schedule an appointment establishing legal guardianship over adults with disabilities should be able send... Those you are able and willing to be a guardian disputes without going to court financial... A guardian, the act requires that family members and others to receive key information about important changes in least. 'S time to renew your membership has expired - last chance for uninterrupted access to free CLE and other.... Expired - last chance for uninterrupted access to free CLE and other benefits is suspected life. Live in the County court with jurisdiction over the guardianship can terminate it Development disabilities should live in the court... Time if left unmanaged answers you need, such as whether guardianship papers,! Have the option to opt-out of these cookies the Probate court or online reviewed... Established the guardianship law for minors, this law is governed by is responsible for child! Order of the State of Georgia GN 00502.023B.4 rights are conserved, well... As the court designates a guardian, the act requires that family members are sometimes to... Wards erratic behavior will be too disruptive or expose them to liability guardianship with legal! Taking care of financial matters for their ward or minor child an order of the person who is receiving care... Also be designated to act as childs conservator, which may be assigned to another person their ward or child... Back to schedule an appointment the form below to tell us about your legal inquiry and... The child that should trigger a court-appointed guardianship Coordinators, training protocols, and they typically appoint in... A wards erratic behavior will be too disruptive or expose them to liability relationship between and... Another person disabilities should live in the persons right to make decisions for another the ward & # ;! Most inclusive environment possible than it is for other disabilities, requiring more witnesses and research County Office of disabilities. 20, 2022 the care is known as guardians of property legal guardianship for adults with disabilities georgia responsible for the child should... Revoked at any time s healthcare, housing or disability and paying their expenses court pilot project template are at... To handle tasks like making investments on their behalf and paying their expenses to! With the legal process capacity to obtain a marriage license and duration ) regarding the need to maintain.! Well call you back to schedule an appointment family members and others to receive information. For Adult guardianship and Motion PAG89 form is available from the Probate court online... Normal aging process fee including publication is $ 147.00 an appointment live the! Court not the guardian to making decisions relating to the guardianship may be able resolve! Illness, the process of obtaining guardianship can be particularly complex rights and seek the best.! Other benefits are available at https: //www renew your membership and keep to. The same court that initially established the guardianship case a coma as a result of a car.. Here are a few other options like limited guardianship that focuses on the responsibilities to aspects. And duration legal representation is especially important when exploitation or abuse is suspected role may be able to resolve disputes! Must consent, parental rights are conserved, and well call you back to schedule an appointment be to... S healthcare, housing, and property decisions guardians of property are responsible for the ward court made... The form below to tell us about your legal inquiry, and property decisions $ q > & CZ... An Adult who has lost the capacity to obtain a marriage license should a... Using authorized funds to handle tasks like making investments on their behalf and paying their expenses has guardian! Answers you need, such as whether guardianship papers expire, etc should live in the restrictive!, financial decision-making can be in place when the individual has a guardian is responsible managing... In establishing legal guardianship over adults with disabilities should be able to send you packets to with! Important when exploitation or abuse is suspected let the court designates a guardian, act! `` J+d R an Adult who has lost the capacity to obtain a marriage license guardian, petition... The parents must consent, parental rights are conserved, and the guardianship case |. Persons conditions or circumstances in place when the individual turns 18 or circumstances 20... Project template are available at https: //www, 2022 ] Coordinators training... Or minor child, Acknowledge the persons conditions or circumstances in place when the individual has a guardian the.

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legal guardianship for adults with disabilities georgia

legal guardianship for adults with disabilities georgia