How do I petition for guardianship or conservatorship in Georgia?
1. Terminology. Georgia splits the roles for both adults and minors: 'guardian' makes personal decisions, 'conservator' manages property.
2. Adult Guardianship/Conservatorship. Under O.C.G.A. § 29-4-1, an adult guardian is appointed when the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning health or safety. Under § 29-5-1, a conservator is appointed when the adult lacks sufficient capacity regarding management of property.
3. Minor Guardianship/Conservatorship. Under O.C.G.A. §§ 29-2-1 and 29-3-1, available when parents are deceased, rights terminated, or guardian designated.
4. Petition. File in the probate court of the county where the proposed ward resides. The petition requires two witnesses' affidavits or a physician/psychologist affidavit (O.C.G.A. § 29-4-10). Personal service on the proposed ward at least 10 days before hearing; notice to spouse, adult children, parents.
5. Court Investigator / GAL. A GAL is appointed to represent the proposed ward's interests; an attorney must also be appointed if the proposed ward is unrepresented (§ 29-4-12).
6. Capacity Evaluation. A physician's or psychologist's evaluation report is required (§ 29-4-11); clear and convincing evidence standard.
7. Hearing & Order. Proposed ward has the right to attend, to counsel, and to a jury trial. The court must impose the least restrictive form of guardianship.
8. Powers & Duties. Bond required for conservator (§ 29-5-40); inventory within two months; asset management plan and annual returns; court approval for sale of real property or major medical decisions.
9. Alternatives. Durable financial POA (Uniform POA Act, O.C.G.A. Ch. 6B), advance directive for health care (O.C.G.A. § 31-32-1 et seq.), and trusts.
10. Termination. Termination on restored capacity (§ 29-4-42), death, or minor reaching 18.
11. UAGPPJA. Georgia adopted UAGPPJA at O.C.G.A. § 29-11-1 et seq.
This is legal information, not legal advice.
- Contested guardianship/conservatorship with competing petitioners
- Emergency guardianship under O.C.G.A. § 29-4-14 when immediate intervention is needed
- Restoration to capacity proceedings or modification of existing orders
- O.C.G.A. Title 29
- O.C.G.A. § 29-4-1
- O.C.G.A. § 29-5-1
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.