Guardianship/Conservatorship of Incapacitated Adults
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 to roll into 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 guardianshipa 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 for Gauardianship/Conservatorship for a Proposed Ward
Initial Filing Fees....................................... $ 150.00
Doctor Appointment...................... $ 175.00
Attorney Appointment.................... $ 175.00
Background Check ................................... $ 49.25
TOTAL Amount Due at Filing:.................. $ 549.25 (only one guardian that has consented)
...................................................................... $ 598.50 (two guardians that have consented)
49.25 per guardian/conservator
Add 49.25 for each additional guardian/conservator
There will be approximately a $100.00 balance at the
conclusion of the case (recording costs and certified letters)
Approximate total costs for filing Petition for Appointment
of Guardian/Conservator for Proposed Ward is $700.00
You may also refer to Georgia Council of Probate Court Judges Schedule of Costs
For further information on the Creation of Conservatorships/Guardianships of Adults, email Kim Willson at firstname.lastname@example.org
For questions regarding Inventories, Assets Management Plans, Annual Returns, Leave to Sells and Discharges, contact Lynn Elvins at email@example.com
- www.gaprobate.org - Georgia Probate Court Online System - Standard Forms available to download in Microsoft Word Perfect (.WPD) or Adobe Acrobate (.PDF) formats. Includes useful web pages such as instructions for the forms, information on the duties of personal representatives, a handbook for guardians, heir determination worksheet, etc.
- www.gabar.org - State Bar of Georgia web site. Includes directory of State bar members, Frequently Asked Questions, and legal research resources. Mailing address -- 104 Marietta St., N.W. Suite 100, Atlanta, GA 30303. Phone (404)527-8700; FAX (404)527-8717
- www.gabar.org/localbarsdisplay.asp?BarID=38 - Houston County Bar Association Information
- www.abanet.org - American Bar Association web site. Includes listing of accredited law schools, legal and professional resources, charities, etc. related to the legal profession.
- www.namicentralga.org - The Georgia Office of NAMI: National Alliance for the Mentally Ill - "The Nation's Voice on Mental Illness" Advocacy ? Education ? Support ? Research ? Pearline R. Tackett ? 478-328-0105
- www.psychlaws.org - a website concerning mental health issues. Sponsored by Dr. E. Fuller Torrey, it has up to date mental health information including Georgia statutes dealing with mental health.
- www.georgiacourts.org/aoc/departments/research/resources_for_self.html - a portion of the Administrative Office of the Courts that contains links for resources for people who will be representing themselves in court proceedings.
- www.ganet.org/services/ocode/ocgsearch.htm - Search the Georgia statutes by keyword or code section.
- mhddad.dhr.georgia.gov/portal/site - Georgia Department of Human Resources Division of Mental Health, Developmental Disabilities & Addictive Diseases - provides treatment and support services to people with mental illnesses and addictive diseases, and support to people with mental retardation and related disabilities.
- www2.state.ga.us/Departments/DHR/aging.html - Georgia Department of Human Resources Division of Aging - provides assistance to older individuals, their families, and caregivers to achieve safe, healthy, independent and self-reliant lives.
- www.mcg.edu/Resources/MH/ - The Georgia Mental Health Network - a compilation of information about state and national mental health resources provided by Medical College of Georgia.
- firstname.lastname@example.org, FAMILY FIRST OF CENTRAL GEORGIA - Senetta Sarazine, Ph.D., 1239C Russell Parkway, Warner Robins, GA 31088 * Phone: 478-922-3993 * Fax: 478-922-9950
- www.nmhag.org/common/content.asp - National Mental Health Association of Georgia - works to enhance the mental health of all Georgians.
- Phoenix On-Call: Access to Care and Services dealing with Mental Health and Substance Abuse * To Find Help Contact: (478) 988-7100 24 hours a day / 7 days a week.