Guardianship and Conservatorship of a Minor

Print
Press Enter to show all options, press Tab go to next option

Under the current Georgia Law there are two types of Guardianships for a Minor.  One is guardianship of the person of the child, which is the Temporary Guardianship of a Minor; this allows someone to be appointed by the Court to care for the child and the child's needs.  The other type of guardianship is the Guardianship of Property of a Minor Child; this allows someone to be appointed to manage and protect property or assets of a minor child.

Temporary Guardianship of a Minor

 A temporary guardianship requires both parents to relinquish their parental rights during the life of a guardianship. The minor child must lives with the guardian. The granting of temporary guardianship of a minor does not permanently terminate the parental rights of the parents.

The petition Temporary Guardianship of a Minor must be completed in full and legible (if you cannot complete the petition, you will need to contact an attorney for assistance)

  • A certified copy of the minor's birth certificate.
  • All signatures must be notarized PRIOR to filing. 
  • Both parents must sign the petition if they are both on the birth certificate.
  • If you desire to become a guardian for more than one child you must file a petition for each minor child.

Filing Fees:

  • $137.75/$177.50 
    Both parent's signatures notarized
    Certified copy of the Birth Certificate 
            OR
  • $202.75/$242.50
    One parent's signature notarized
    Publication for the other parent

    Certified copy of the Birth Certificate
            OR
  • $137.50/$179.50
    One parent's signature notarized
    Certified Copy of Death Certificate for the other parent

    Certified copy of Birth Certificate

Conservatorship of a Minor

An appointment of a Conservator of a Minor is required when the minor is receiving funds over $15,000 from an inheritance, a settlement or any other source. You will need to file a Petition for Conservatorship of a Minor.

  • All persons petitioning to become conservators must submit to a credit history.
  • You will have to post bond in the same amount as the funds the minor is to receive.
  • If this is a settlement, you will also need to file a Petition to Compromise a Doubtful Claim of a Minor or a court order approving the minor's settlement.
  • You will file an Inventory and Assets Management Plan within 6 months of the appointment stating all assets in the minor's estate.
  • Each year on the anniversary date of you appointment as conservator, you will be required to file an Annual Return of all assets in the estate as well as an updated Inventory and Assets Management Plan.
  • Upon the minor reaching the age of eighteen, all assets will be turned over to the minor.  The Conservator will then file a Petition Final Settlement of Accounts and Discharge from Office and Liability that will include an affidavit signed by the former minor as to the amount of funds received.

If you have any questions please call the Evans office at 706-312-7254 or the Appling office at 706-541-1254.