Are you looking for a conservatorship lawyer in Marietta, GA?
At Vayman & Teitelbaum, P.C., we provide conservatorship representation grounded in more than 20 years of work on behalf of clients in Marietta.
If a parent, spouse, or adult child in Marietta can no longer keep up with bills, bank accounts, or property, Georgia law lets the probate court appoint a conservator to take over those financial responsibilities. A Marietta, GA conservatorship lawyer handles the petition, the evaluation, and the reporting duties that follow an appointment. Our founders were admitted to the Georgia bar in 2002 and 2005 and bring more than 40 years of combined experience to probate court cases across Cobb County. Contact a client coordinator to schedule a consultation.
Conservatorship Lawyer Marietta, GA
A conservatorship attorney in Marietta prepares the petition asking Cobb County Probate Court to place someone's finances under court supervision, then carries the case through evaluation, hearing, and appointment. The work continues after the order, since inventories and annual returns have to be filed and selling real estate requires court approval. We also represent proposed wards who object to a petition.
Cobb County's population reached 793,345 in the most recent Census Bureau estimate, and 15.3 percent of those residents are 65 or older, which comes to more than 121,000 people. Age is only one reason families file. A brain injury, a developmental disability, or a settlement paid to a child brings families to the same courthouse.
Types of Conservatorship Cases We Handle in Marietta, GA
Every conservatorship case in Marietta runs through Cobb County Probate Court, but no two begin the same way. Some start with an aging parent who has stopped opening mail. Others come from adult children caring for aging parents while raising their own children. We represent petitioners, proposed wards, and sitting conservators in the following situations.
- Adult conservatorship. An adult who can no longer make responsible decisions about money or property can be placed under conservatorship. We prepare the petition and coordinate the medical evidence, then present the case at the hearing in Marietta.
- Conservatorship for a minor. Children sometimes receive an inheritance, insurance proceeds, or a settlement that a parent can't hold informally once the amount passes the threshold set by Georgia law. The court appoints a conservator to manage the funds until the child becomes an adult. We handle the petition, bond, and yearly accounting.
- Emergency conservatorship. A scam draining a savings account or a mortgage going unpaid can't wait for a standard hearing date. Georgia lets the court appoint an emergency conservator on a shortened schedule when immediate harm is documented. We assemble that evidence quickly and ask for the narrowest order that stops the loss.
- Guardianship. A guardian makes personal decisions for a ward, including housing and medical care. Whether both roles need filling at once is one of the guardianship questions we hear most often. We file the two petitions together when that fits the facts and separately when it doesn't.
- Contested conservatorship petitions. Siblings disagree about who should serve. A proposed ward objects to the petition. These cases involve discovery, testimony, and cross-examination of the court's evaluator. We prepare for them the way we prepare for trial.
- Inventories, accountings, and court approvals. After appointment, a conservator files an inventory, followed by annual returns. Selling the ward's home, making a gift, or spending principal requires a separate order. We prepare those filings and answer the court's questions about them.
- Modification and termination. A ward who recovers can ask the court to restore rights. A minor's conservatorship ends when the child reaches adulthood, but the final accounting still has to be approved. We handle both kinds of petitions.
- Removal of a conservator. Missed filings, commingled funds, and self-dealing give interested parties grounds to seek removal and appointment of a successor. We represent the person bringing that complaint as well as conservators answering one.
Why Choose Vayman & Teitelbaum, P.C. as my Conservatorship Lawyer in Marietta, GA?
Attorneys Recognized for Family and Fiduciary Work
Esther Vayman has practiced in Georgia since 2005 and has been selected to Super Lawyers every year since 2018. She appeared on the Top 50 Women Attorneys list in 2023 and 2024 and the Top 100 Georgia Lawyers list in 2024. Georgia Trend named her to its Legal Elite in 2013. In 2015 the Atlanta Volunteer Lawyers Foundation recognized her as Guardian ad Litem of the Year for representing the interests of children in contested custody cases.
Gregory Teitelbaum has been a member of the State Bar of Georgia since 2002. Best Lawyers recognized him in 2023 and 2024. He was also named a Top 10 Family Law Attorney in 2024 and selected as a GA Elite Lawyer each year from 2021 through 2024. That experience is what you should expect from a family lawyer in Marietta, GA.
Conservatorship Handled Inside a Full Family Law Practice
Conservatorship rarely shows up alone. A divorce involving a spouse with dementia, a custody case in which a child with a disability receives settlement funds, or a dispute over a parent's estate can each require a conservator. We handle the conservatorship alongside the rest of your case instead of referring it out. Our attorneys have represented clients including petitioning family members, proposed wards who objected, and conservators closing out a case. Our Marietta office is minutes from the probate court.
What Is Important To Understand About Conservatorship Cases?
Conservators, Guardians, and Fiduciary Duties in Georgia
Georgia separates authority over a person's money from authority over the person's care. Family law and probate terms get mixed up constantly. These definitions control in Cobb County Probate Court.
- Conservator. Manages the ward's income, accounts, real estate, and debts under court supervision.
- Guardian. Makes personal decisions about housing, medical treatment, and daily care.
- Ward. The adult or minor whose finances or care have been placed under court supervision.
- Fiduciary duty. The conservator must act in the ward's interest, keep the ward's property separate from the conservator's own, and account to the court for every dollar.
- Bond. Security the court can require to protect the ward's assets against mismanagement.
- Least restrictive alternative. Georgia courts consider whether a power of attorney, a trust, or a limited grant of authority would protect the person without a full conservatorship.
What Are Important Aspects of a Conservatorship Case?
The petition is only the first document. In our experience, four things decide most conservatorship cases in Cobb County.
- Evidence of incapacity. The court appoints an independent evaluator to examine the proposed ward and report back. Your own medical records support that report but don't replace it.
- The proposed ward's rights. The person is entitled to notice, to counsel, to attend the hearing, and to object. A petition that overlooks those rights gets delayed or denied.
- Choice of conservator. The judge weighs any preference the ward stated in an earlier document, the wishes of close family, and the fitness of the nominee.
- Scope of authority. Orders can be limited to particular assets or particular decisions. Narrower orders are easier to obtain, and conservatorship lawyers in Marietta who ask for more than the facts support lose credibility with the court.
What Is The Conservatorship Case Timeline?
Non-emergency petitions in Cobb County generally take a few months from filing to letters of conservatorship. Probate court delays have grown across metro Atlanta, and any Marietta conservatorship attorney should check that estimate against the current calendar. Emergency petitions produce temporary appointments that expire unless a permanent petition follows.
- Filing. The petition, supporting affidavit, and filing fee go to the probate court where the proposed ward lives.
- Notice and service. The proposed ward is personally served, and close relatives receive notice of the hearing.
- Evaluation. The court's evaluator examines the proposed ward and files a written report.
- Hearing. The judge hears testimony and reviews the evaluation, then rules on the petition and on who will serve.
- Letters and reporting. After taking the oath and posting any required bond, the conservator receives letters of conservatorship. An inventory and asset management plan comes due first, followed by annual returns while the case stays open.
What Should You Bring to Your Conservatorship Consultation?
Bring what you have. Missing documents don't stop the first meeting, but the items below let a Marietta, GA conservatorship attorney evaluate the case accurately.
- Any power of attorney, trust, will, or advance directive naming a decision-maker
- Recent medical records or a treating physician's letter describing the person's condition
- A list of the person's assets, income sources, debts, and real estate
- Names and contact information for the spouse, adult children, and other close relatives
- Prior court orders, including custody orders when the proposed ward is a minor
During the consultation we review these materials and explain whether a conservatorship is the right tool or a less restrictive option will work, along with the likely timeline. A client coordinator confirms the appointment after your first call.
Cobb County Probate Court and Local Resources in Marietta, GA
Conservatorship petitions for Marietta residents are filed with the Cobb County Probate Court at 32 Waddell Street, and the court publishes its own guardianship and conservatorship primer. The organizations below assist older adults, people with disabilities, and caregivers in Cobb County.
- Cobb County Probate Court. Petitions, hearings, and the oath for new conservators are handled here.
- Cobb County Senior Services. Referrals for adults 55 and older, including in-home services and caregiver support.
- Empowerline (Atlanta Regional Commission). The Area Agency on Aging for Cobb County, offering free counseling on long-term care.
- Georgia Adult Protective Services. Investigates reports of abuse, neglect, or exploitation involving adults with disabilities and adults 65 and older.
- Georgia Advocacy Office. The designated protection and advocacy organization for Georgians with disabilities.
These resources are listed for information only. Vayman & Teitelbaum, P.C. does not endorse any organization listed here.
Reach Out to Vayman & Teitelbaum, P.C. to Schedule a Consultation
A petition prepared correctly the first time saves months in probate court. Vayman & Teitelbaum, P.C. represents petitioners, proposed wards, and appointed conservators before Cobb County Probate Court. Our Marietta conservatorship lawyers review the basic facts before the consultation so the meeting is spent on your questions. Consultations are scheduled through a client coordinator on regular business days. Contact us to schedule a consultation with a conservatorship attorney in Marietta, GA.
