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Guardianship and Conservatorship

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The Georgia Council of Probate Court Judges has produced two videos concerning guardianship matters, one applicable to guardianships and conservatorship of adults and one applicable to conservatorship of minors. We strongly suggest that all guardians and conservators of adults and all conservators of minors view the training videos.

In adult guardianship/conservatorship cases, the Court issues a Standing Order. Attorneys and all persons representing themselves are required to comply with the provisions of the Standing Order. As set forth in the Standing Order, the Court requires that a 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 Qualifications Questionnaire.

Guardians and Conservators appointed by this court are strictly monitored in accordance with Georgia law and are required to use the reporting forms provided by this court. Conservators are required to use the reporting forms provided by this court. Conservators are required to fully itemize all income and expenditures on returns/accounting filed with the court and are expected by the court to maintain full, accurate and complete records, to maintain all bank statements and canceled checks, and to retain all invoices, vouchers, bills, statements and other documents in support of all transactions at least until the return for which those records apply has been accepted, approved and recorded by the court. It is recommended that all such records be maintained for a period not less than three years, and it may be advisable to maintain all records until the conservator is fully discharged from office and all liability.


Guardianship and Conservatorship of a Minor

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

  • Both parent's signatures notarized certified copy of birth certificate: $137.75/$177.50
  • One parent's signature notarized publication for the other parent certified copy of birth certificate: $222.75/$262.50
  • One parent's signature notarized, certified copy of death certificate for the other parent, certified copy of birth certificate: $137.50/$177.50

Conservatorship of Property 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.

Guardianship and Conservatorship of an Adult

Standing Order in 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

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

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

$412.75 (1) PETITIONER – INITIAL FILING FEE

Completed Petition with signatures notarized with all acknowledgements
Background check
Sheriff’s Service on Ward
Appointed Attorney for Ward

 $452.50 (2) PETITIONERS – INITIAL FILING FEE

Completed Petition with signatures notarized with all acknowledgements
Background Checks
Sheriff’s Service on Ward
Appointed Attorney for Ward

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