GEORGIA GUARDIANSHIP AND CONSERVATORSHIP PROCEDURES IN ATLANTA AREA PROBATE COURTS
A person is qualified under Georgia Law to serve as a Guardian and/or Conservator of a proposed ward if such person is:
1. Over the age of 18 years of age;
2. A Georgia resident; or a non-resident who is:
(a) related by lineal consanguinity to the ward;
(b) a legally adopted child or adoptive parent of the ward;
(c) a spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone elated by lineal consanguinity to any such person; or
(d) the spouse of a person otherwise qualified above; and
3. Has never been convicted of a felony.
A Petition for appointment of a Guardian and/or Conservator for the proposed ward will be filed with the GA County Probate Court in which the proposed ward is domiciled. This Petition requires either two Petitioners to sign the document or one Petitioner and the completed affidavit of a physician or psychologist licensed to practice in Georgia or a licensed clinical social worker, who has examined the proposed ward within 15 (fifteen) days prior to the filing of the Petition. In, Georgia, unless the alleged incapacitated person is indigent, the Petition must submit with a check to the GA County Clerk of Court for the filing fees. The filing fees vary slightly per each separate GA County Probate Court.
Upon the filing of the Petition, the GA Probate Court will decide whether it finds grounds to accept or deny the Petition. If the Petition is denied, the GA Probate court will dismiss the Petition. If the Petition is accepted, the Georgia Probate Court will instruct the proposed ward be served by the GA County Sheriff’s Department with a copy of the Petition, a Notice to Proposed Ward of Proceedings to Appoint a Guardian and/or Conservator, a copy of a Notice of Attorney or Guardian ad Litem that has been appointed to represent the proposed ward. Additionally, if no evaluation has been done, the GA Probate Court will order and evaluation wherein a date, time, and place for the proposed ward to meet, and be examined, by court appointed physician or psychologist licensed to practice in Georgia or a licensed clinical social worker. Following the evaluation, a written report will be filed with the court and an Order and Notice of Hearing will be issued. At the hearing, the Probate Court Judge or an Administrative Judge appointed by the GA Probate Court will conduct a formal and confidential hearing and listen to all interested parties and make a determination whether the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety and/or financial matters.
If the proposed ward is declared “incompetent,” some or all of his or her rights are taken away from him or her and a Guardian and/or Conservator is appointed. A Guardian is usually a family member; however, there are professional Guardians who perform the duties of a Guardian for several different wards and usually charge an annual fee for their services. The court will issue Letters of Guardianship to the Guardian, which serves as his or her court appointed authority to make decisions on the ward’s behalf. The Guardian is answerable to the court and must file an initial plan profiling his or her plan for the ward’s care and each year on the anniversary of the issuance of the Guardians Letters of Guardianship, he or she must file an annual plan with the GA Probate court.
Any person who is thinking about becoming a Guardian and/or Conservator should engage the services of an experienced GA probate attorney to guide them through the complicated process of establishing a Guardianship and/or Conservatorship in GA and comply with the preparation of the annual reports due to the GA County Probate Court regarding the well-being of the ward. In addition, any person who has issue with, or who wishes to contest the Petition of a Guardian and/or Conservator for a proposed ward should contact an experienced GA probate attorney. This is also true for the proposed ward as it is can be the case that the proposed ward does not feel they need to have their rights taken away from them and wish to contest these matters themselves. Moreover, it is oftentimes the case that persons will establish a Guardianship and/or Conservatorship over a proposed ward to gain access to the proposed ward’s assets. Moreover, it is often the case that the Guardian and/or Conservator does not have the best interest of the proposed ward in mind and such Petition should be contested.
The Adams Law Offices has many decades of combined experience through its Atlanta Probate attorneys and staff and can assist you with all types of Guardianship and Conservatorship cases. Should you have any questions or desire any assistance concerning any Guardianship or Conservatorship matters, please feel free to call our Firm (404) 467-8611 or 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form.
The Adams Law Offices is conveniently located in the Buckhead section of Atlanta near the intersection of Piedmont and Roswell Roads, GA. Our Office provides experienced legal representation through exceptional GA Probate Attorneys, GA Guardianship Attorneys, and/or GA Conservatorship Attorneys. We represents clients throughout the Metro Atlanta, GA area including the following GA County Probate Courts: Atlanta, GA (Fulton County Probate Court); Decatur, GA (DeKalb County Probate Court); Marietta, GA (Cobb County Probate Court); Lawrenceville, GA (Gwinnett County Probate Court); Fayetteville, GA (Fayette County Probate Court); and the cities in these GA Counties and their respective GA County Probate Court.
