Guardianship/Conservatorship of Incapacitated Adults
Useful Information
Emergency Guardian and/or Conservator of Incapacitated Adult
In situation or circumstances that pose an immediate danger to the ward or to the ward's estate, an emergency guardian may be appointed by the Court. Emergency guardians may do only those things which may be reasonably necessary to protect the ward or his estate from the described danger, and the powers and duties of the described danger, and the powers and duties of the emergency guardian are generally specified in the Court's order. Unless an earlier termination date is set in the Court's order, the emergency guardianship terminates in 45 days from the date of the order. If a guardian/conservator is still needed, a new petition will need to be filed. Under the New Title 29 of the Official Code of Georgia, there is no provision for an emergency guardianship to roll into a permanent guardianship. These are two separate actions and separate filing fees.
Guardians and/or Conservators of Incapacitated Adults
In Georgia, the Probate Courts may grant guardianship or conservatorship of an adult resident of the state (or one located in this state) who, because of physical or mental illness or disability, detention by a foreign power, or other just cause, lacks sufficient understanding or capacity to make significant responsible decisions concerning his person (or is incapable of communicating those decisions) AND/OR is incapable of managing his estate or property which is likely to be wasted or dissipated unless proper management is provided.
Requirements to file Petition
You must have two petitioners or one petitioner and the alleged incapacitated adult's doctor's affidavit (form is included with petition) to file a petition for guardianship/conservatorship.
You may file this petition pro se (without an attorney). If you have any questions other than procedural questions, you will need to contact an attorney for that legal advice.
We strongly encourage you to contact an attorney anyway to make sure that this is what you need to do for your situation as there may be an alternative to the guardianship/conservatorship for your circumstances. An attorney also will be able to explain your rights and responsibilities as a guardian/conservator such as posting bond, filing inventories, annual returns, and personal status reports and explain the consequences should the guardianship/conservatorship not be handled properly.
Filing Fees
Initial Filing Fee
- $150.00 (There will be a remaining balance of approximately $100.00 that will have to be paid after the hearing)
Total Initial Filing Fee: $150.00
Professional Fees
- Doctor Fees
- Appointment at Doctor's Office: $100.00
- -or-
- Doctor visits ward at Hospital or Nursing Home: $150.00
- Attorney Fees
- Appointment of Attorney: $125.00
- Credit History per guardian: $25.00
Total Professional Fees: $400.00*
(*based on one guardian/conservator and Doctor will see ward in his office)
Related Links
More Information
You may also refer to GA Council of Probate Court Judges Schedule of Costs and Fees.
For further information, email Kim Willson.