Guardianship and Conservatorship of an Adult

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Standing OrderIn Georgia, the Probate Court may grant Guardianship of an Adult resident who is found by the court to lack sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety, and may grant Conservatorship of an Adult resident of the state who if found by the court to lack sufficient capacity to make or communicate significant responsible decisions concerning management of his/her property.

ADULT GUARDIANSHIP (click here for form)

Guardianship of an Adult is created when a Probate Court Judge makes a determination that an adult's interests would be served by appointing someone to oversee his/her personal actions.  This may consist of determining where the person is to live, his/her living conditions, medical treatment or making any number of personal decisions for the ward.  The court may place limitations on the power of the guardian and reserve certain rights to the ward.  For example, the ward might retain the right to determine his/her residence. The determination of what rights, if any, should be retained by the ward is made by the court based on the evidence presented at the guardianship hearing. The court will issue a Standing Order. Attorney and all persons representing themselves are required to comply with the provisions of the Standing Order. As set for the Standing Order, the court requires that a Criminal Background Check be performed on every person who is nominated or appointed as a guardian.

ADULT CONSERVATORSHIP (click here for form)

Conservatorship of an Adult is created when a Probate Court Judge makes a determination that an adult's interest would be served by appointing an appropriate person to oversee the ward's finances.  The court may place limitations on the conservator's power to control the ward's finances and may allow the ward to retain certain functions, depending on the evidence presented at the guardianship hearing. For example, the ward might retain the right to handle a certain amount of money.  There is an additional limitation on the conservator's power over the ward's property in that the conservator must seek the court's permission before taking certain actions with the ward's property.  For example, the conservator must seek the court's permission before selling any real estate belonging to the ward. The court will issue a Standing Order. Attorneys and all persons representing themselves are required to comply with the provisions of the Standing Order. As set for the Standing Order, the court requires that Criminal Background Check be performed on every person who is nominated or appointed as a guardian or conservator. Every person seeking appointment as a Conservator must complete and file with the Court a Qualification Questionnaire.

FILING FEES 
Adult Guardianship and Conservatorship $223.50
Background Check $39.75