Guardianship of a Child or Adult in Georgia
How to become a guardian of a child or an adult in Georgia: who can petition, the court process and alternatives.
Short answer: Georgia has several kinds of guardianship for minors, handled in probate court. A temporary guardianship can be granted without a hearing when the parent(s) give notarized written consent; O.C.G.A. §§ 29-2-4, 29-2-6, 29-2-8, 29-2-13, 29-2-14, 29-2-17
| Guardianship of a child | Georgia has several kinds of guardianship for minors, handled in probate court. A temporary guardianship can be granted without a hearing when the parent(s) give notarized written consent; a parent who did not consent gets notice and may object, and either parent may later petition to end it. Any interested person may petition the probate court where the minor is found or the proposed guardian lives for a permanent guardian of a minor who has no natural, testamentary or permanent guardian. A parent may also name a testamentary guardian by will, or a standby guardian. Mirror: Official Code of Georgia text was read on FindLaw (codes.findlaw.com), which states the text is current as of March 28, 2024. |
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| Guardianship of an adult | The probate court may appoint a guardian for an adult only if it finds the adult lacks sufficient capacity to make or communicate significant responsible decisions about his or her health or safety, and only if the appointment is in the adult's best interest. No adult is presumed to need a guardian without an adjudication. After a petition, an evaluation report is filed; if the court finds no probable cause it dismisses, otherwise it holds a recorded hearing with notice to the proposed ward, the ward's counsel and family members named in the petition. Mirror: Official Code of Georgia text was read on FindLaw (codes.findlaw.com), which states the text is current as of March 28, 2024. Source: O.C.G.A. §§ 29-4-1, 29-4-12 |
Where to get help in Georgia
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FAQ
How do you get guardianship of a child in Georgia?
Georgia has several kinds of guardianship for minors, handled in probate court. A temporary guardianship can be granted without a hearing when the parent(s) give notarized written consent; a parent who did not consent gets notice and may object, and either parent may later petition to end it. Any interested person may petition the probate court where the minor is found or the proposed guardian lives for a permanent guardian of a minor who has no natural, testamentary or permanent guardian. A parent may also name a testamentary guardian by will, or a standby guardian.
How do you get guardianship of an adult in Georgia?
The probate court may appoint a guardian for an adult only if it finds the adult lacks sufficient capacity to make or communicate significant responsible decisions about his or her health or safety, and only if the appointment is in the adult's best interest. No adult is presumed to need a guardian without an adjudication. After a petition, an evaluation report is filed; if the court finds no probable cause it dismisses, otherwise it holds a recorded hearing with notice to the proposed ward, the ward's counsel and family members named in the petition.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.