Detailed answer — how Georgia law treats guardianship of the person vs. guardianship of the estate

Georgia separates the role of guardian of the person from guardian of the estate. The guardian of the person has responsibility for the personal care, residence, medical decisions (subject to court order or any advance directives), and day‑to‑day well‑being of an incapacitated person. The guardian of the estate is responsible for managing the incapacitated person’s money and property: collecting income, paying bills, protecting assets, and accounting to the court.

Because the two roles involve different duties and possible conflicts, the Probate Court must separately appoint each role. If the court’s order appoints you only as guardian of the person, the court has not granted you the authority to handle the ward’s finances. To act for the estate you need a separate appointment and the letters of guardianship (or guardian of the estate’s appointment) that the court issues for that role.

This separation is reflected in Georgia’s guardianship statutes and probate practice. See O.C.G.A., Title 29 (Guardians and Wards), and related probate rules for the local superior or probate court. You can review the statutes at the Georgia General Assembly website: https://www.legis.ga.gov/ (look under the Official Code of Georgia Annotated, Title 29, Guardians and Wards).

What this means in practice

• If you were appointed only guardian of the person, the bank, employer, Social Security Administration, or other payors will not legally accept your instructions to access or control the ward’s funds or property unless you obtain the court’s separate appointment as guardian of the estate.
• If you want both roles, you should ask the court to appoint you to both at the guardianship hearing, or file a petition to be appointed guardian of the estate if you already serve as guardian of the person.
• A single person can be appointed to both roles. The court often appoints the same individual to both roles when appropriate, but it must do so by express order covering each capacity.

Common requirements and differences for the guardian of the estate

• Bond: The court may require the guardian of the estate to post a fiduciary bond to protect the ward’s assets.
• Inventory and accountings: The guardian of the estate usually must file an inventory and periodic accountings with the court, showing receipts, expenses, and distributions.
• Court supervision: The guardian of the estate’s actions are more closely supervised because they involve money and property; the court must approve some transactions.
• Appointments: The court will consider the ward’s best interests, potential conflicts, and suitability before appointing a guardian of the estate.

When courts might let one person act informally for both roles

Sometimes family members informally handle both care and finances without court appointment. That may work in the short term for minor or temporary needs, but it risks liability and later problems. Only a court appointment gives the legal authority to act formally as guardian of the estate. Financial institutions and government agencies typically require court‑issued letters before allowing access to accounts or benefits.

How to get appointed guardian of the estate in Georgia (typical steps)

1. File a guardianship petition in the appropriate probate or superior court (county court procedures vary).
2. Provide notice to the proposed ward and interested persons, and request a hearing.
3. The court may order an evaluation of capacity and hold a hearing to determine incapacity and the least restrictive alternative.
4. If the court finds incapacity and that a guardianship is needed, it will enter an order appointing a guardian of the estate and issue letters that show the guardian’s authority.
5. Comply with any bond, inventory, and accounting requirements the court imposes.

Local probate court forms and procedures vary across Georgia counties. If you plan to seek appointment as guardian of the estate, contact the probate court clerk in the county where the proposed ward lives or consult an attorney experienced in Georgia guardianship law.

Where to confirm the law and get forms

Check O.C.G.A., Title 29 (Guardians and Wards) on the Georgia General Assembly website for statutory text and consult your county probate or superior court for local filing procedures and forms: https://www.legis.ga.gov/

Helpful hints

• Do not move money or sign contracts for the ward unless the court has explicitly appointed you guardian of the estate and issued letters allowing that authority.
• Ask the court at the initial guardianship hearing to appoint you to both roles if you intend to manage both care and finances. That can avoid a second proceeding.
• Expect to file an inventory and periodic accountings if you are guardian of the estate. Keep detailed records and save receipts.
• Be prepared for a bond requirement. The court may require a bond to protect the ward’s assets; the amount varies by estate size and court discretion.
• Speak with the probate court clerk early to learn local requirements (forms, filing fees, timelines).
• Consider consulting a Georgia attorney who handles guardianship matters to help with petitions, hearings, bond, and ongoing fiduciary duties.
• If a financial institution refuses access, present the court’s letters of guardianship of the estate; banks typically require the original or certified copy.
• Remember the distinction: duties to provide care (person) versus duties to manage assets (estate). Acting outside the court’s grant can create personal liability.