Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Determine the Need for Guardianship or Conservatorship
Guardianship and conservatorship allow a court-appointed individual to manage personal and/or financial affairs for an adult who lacks capacity due to mental or physical impairment. Georgia law authorizes these proceedings under O.C.G.A. § 29-5-3.
2. File a Petition in Superior Court
Any interested party—often a relative—may file a petition in the Superior Court of the county where the proposed ward resides. The petition must describe the alleged incapacity, proposed guardian or conservator, and include a sworn physician’s statement. See O.C.G.A. § 29-5-4.
3. Provide Notice to Interested Parties
Georgia law requires formal service of the petition and notice of hearing on the proposed ward, the ward’s spouse, nearest adult relatives, and any existing guardian or conservator. See O.C.G.A. § 29-5-8. This protects the ward’s right to contest the petition.
4. Undergo a Court-Ordered Capacity Evaluation
The court will appoint a qualified medical or psychological professional to evaluate the proposed ward’s mental and physical capacity. The evaluator submits a written report to the court under O.C.G.A. § 29-5-15.
5. Attend the Guardianship/Conservatorship Hearing
At the hearing, the judge reviews the petition, medical report, and any testimony. The court must find clear and convincing evidence of incapacity before appointing a guardian, conservator, or both.
6. Receive Letters of Guardianship or Conservatorship
If the court grants the petition, it issues letters that legally empower the guardian or conservator to act on the ward’s behalf. These letters serve as proof of authority in financial institutions and other settings. See O.C.G.A. § 29-5-12.
7. Fulfill Ongoing Duties and Reporting Requirements
Guardians and conservators must manage the ward’s personal needs and finances prudently. They must file annual or biennial reports and accounting with the court, depending on the ward’s assets. See O.C.G.A. § 29-5-34.
Helpful Hints
- Begin planning early: Gather medical records and financial statements before filing.
- Consult a probate or elder law attorney to navigate complex court rules and deadlines.
- Consider less restrictive alternatives, such as a durable power of attorney or health care directive.
- Keep detailed records of all decisions and expenditures made on behalf of the ward.
- Prepare for court costs, bond requirements, and professional evaluation fees.
- Stay in regular communication with the court clerk’s office to track filings and hearing dates.