Sometimes people recover shortly afterward. But for those who don’t and someone else was at fault for the accident, it may necessitate a family member pursuing compensation through a personal injury claim. In Georgia, a probate court would need to appoint someone as guardian and/or conservator.
To be considered incapacitated, the injured person must be unable to communicate important decisions pertaining to:
- health;
- safety; and
- legal issues.
Of course, this could include the inability to make legal decisions.
When pursuing guardianship/conservatorship, two people—who have knowledge of relevant facts in the matter—must file. Or one person may file along with an affidavit from a physician (or another medical professional) who can attest to your family member’s incapacitation.
Process of Getting Appointed as Guardian/Conservator in Georgia
Once a petition has been filed, a court-appointed physician will perform an independent evaluation and provide a written report to the court. A final hearing takes place and a decision is made regarding the appointment.
Contact an attorney to learn more about the process of petitioning for guardianship/conservatorship. Legal counsel can also help file a personal injury claim. Contact Jason R. Schultz if you are in the Atlanta area by calling 404-474-0804 or fill out our contact form.