Georgia: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Georgia separates the ordinary adult case into two parallel Title 29 tracks. A
guardian may receive authority over significant responsible health and safety
decisions under Chapter 4. A conservator may receive authority over significant
responsible property-management decisions under Chapter 5. The same adult may
need one proceeding or both, but each role has its own petition, probable-cause
review, evaluation, hearing, and order.

Who may file and where

Under § 29-4-10 and § 29-5-10, any interested person, including the
proposed ward, to file. The petition goes to the probate court in the county
where the adult is domiciled or found, or where jurisdiction is otherwise proper
under § 29-11-12. If the adult was moved solely to create jurisdiction, the
court may use the remedies in § 29-11-16.

What the petition must contain

Both petitions require jurisdictional facts; the adult's and petitioner's
identifying information; detailed facts supporting the need for appointment;
foreseeable limits; the proposed appointee, nominations, consent, caregiving-
facility connection, and conflicts; the spouse and children or substitute adult
relatives or friends; emergency and interstate proceedings; requested additional
powers; and any denial or merits dismissal within the previous two years.

The guardian petition identifies existing personal directives and health or
mental-health agents. The conservator petition identifies powers of attorney,
trusts, and other property-management instruments and describes known assets,
income, other funds, liabilities, and expenses.

Each petition must be sworn to by at least two petitioners or supported by a
qualified professional's affidavit. Under § 29-4-10 and § 29-5-10, the
affiant must have examined the adult within the previous 15 days, state the
functional capacity conclusion, describe supporting facts and foreseeable
duration, and may recommend limits.

Proof required for appointment

The functional questions differ by role. Section 29-4-1 asks whether the adult
lacks sufficient capacity to make or communicate significant responsible
health or safety decisions. Section 29-5-1 asks the same question about
management of property.

At either hearing, the petitioner bears the burden and must prove the need by
clear and convincing evidence. The 2025 amendment makes the diagnosis boundary
explicit: one or more developmental disabilities alone do not create a
presumption of need. The evidence must connect the disability and any other
factors to the relevant functional inability.

Alternatives the court must address

Under § 29-4-1 and § 29-5-1, authority may not extend beyond the adult's actual and
adaptive limitations and require a determination that less restrictive
alternatives are unavailable or inappropriate. Under § 29-4-20 and § 29-5-20,
also give every ward the right to the least restrictive form of assistance,
taking functional limitations, personal needs, and preferences into account.

The petition checklist supports that inquiry by requiring disclosure of
existing health directives, health and mental-health agents, property powers of
attorney, trusts, other incapacity instruments, and foreseeable limits. Unlike
some states, Georgia's checklist does not separately require a narrative naming
every alternative tried.

Notice, service, and hearing timing

Under § 29-4-11 and § 29-5-11, the court first reviews the petition and
affidavit for probable cause. If the
case proceeds, an officer must personally serve the adult immediately; service
by mail is not allowed. The notice explains the petition, the rights at risk,
the evaluation, the right to attend a hearing, and the right to independent
counsel. The court also mails petition notice to the adult relatives and
nominees identified by the applicable petition checklist.

The evaluation cannot be set earlier than the fifth day after personal service.
After the report is filed, the court performs another probable-cause review.
Under § 29-4-12 and § 29-5-12, if a hearing is set, notice is mailed to the
adult, counsel, any guardian ad litem, the petitioner, and the listed recipients;
the hearing must be at least 10 days after mailing.

Counsel and hearing rights

Counsel is built into the ordinary procedure. Unless the adult indicates within
two days after service that counsel has been retained, the court must appoint
independent counsel. Counsel receives the pleadings and evaluation order, may
attend but not participate in the evaluation, may submit independent
evaluations and other evidence in a written response, and may challenge the
report and evaluator.

The adult or counsel may waive the adult's appearance. For good cause, they may
ask the court to exclude the public. The hearing is recorded and uses the civil
rules of evidence. Since the 2025 amendment, the adult has an express right at
the hearing to challenge the evaluation's sufficiency, weight, and conclusions
and the evaluator's qualifications, experience, or abilities, even if counsel
did not first raise the issue in writing.

Medical evidence or court evaluator

The affidavit route is not the final evaluation. After probable cause, the court
appoints a different evaluator. Current law permits a physician, psychologist,
physician assistant, psychiatric or mental-health nurse practitioner or
clinical nurse specialist, professional counselor, or licensed clinical social
worker. The evaluator must explain the evaluation's purpose; the adult may
remain silent, and statements are privileged outside the Title 29 proceeding.

The evaluation may include the adult's self-report, functional questions and
observations, records, cultural and language factors, and other appropriate
factors. The sworn report is due within seven days and must identify the methods
and sources used and describe mental, physical, and social condition and the
adult's needs and their foreseeable duration. Counsel may respond no later than
the start of the hearing.

Limits on the order

Under § 29-4-13 and § 29-5-13, the court must state findings of fact and conclusions of law for
grant or denial. An appointment order identifies the appointee and basis for
selection, the powers the adult retains, the limits imposed, each additional
power granted, and the reasons for other provisions. Counsel must make
reasonable efforts to explain the order and the adult's rights.

Emergency guardianship and conservatorship follow separate §§ 29-4-14 to -16
and 29-5-14 to -16. Under § 29-4-16 and § 29-5-16, those emergency powers must
be specifically listed and may
not exceed what is absolutely necessary to answer the immediate threatened
risk; that accelerated track does not replace the ordinary petition procedure
described above.

What trips people up

Two petitioners are not always required, but one unsupported petitioner is
not enough. The alternative is a qualifying professional affidavit based on
an examination within 15 days before filing.

The petition affidavit and the court evaluation are different stages. If
the court finds probable cause, it appoints an evaluator who must be different
from the professional who signed the petition affidavit.

The 10-day period runs from mailing the hearing notice. It is not a promise
that the hearing will occur within 10 days after filing. Personal service,
evaluation, the seven-day report deadline, and the court's second probable-
cause review occur first.

Common questions

Can the adult attend the evaluation with counsel? Counsel has the right to
be present but may not participate in the evaluation.

Can the adult submit another evaluation? Yes. Counsel's written response
may include independent evaluations, affidavits from people with personal
knowledge, and legal argument.

Does a developmental-disability diagnosis prove that a guardian or
conservator is needed? No. The court must find by clear and convincing
evidence that the adult lacks the specific functional capacity required for the
personal or property role requested.

Statutes and sources

• O.C.G.A. §§ 29-4-1, 29-4-10 to -13, and 29-4-20 — guardianship standard,
  petition, notice, counsel, evaluation, hearing, order, and least-restrictive
  right.
  https://unicourt.github.io/cic-code-ga/transforms/ga/ocga/r86/gov.ga.ocga.title.29.html (accessed 2026-07-18)
• O.C.G.A. §§ 29-5-1, 29-5-10 to -13, and 29-5-20 — parallel conservatorship
  standard, petition, procedure, order, and least-restrictive right.
  https://unicourt.github.io/cic-code-ga/transforms/ga/ocga/r86/gov.ga.ocga.title.29.html (accessed 2026-07-18)
• 2025 Ga. Act 114 (HB 36/AP) — current evaluator/provider list,
  developmental-disability protections, express evaluation challenges, and
  emergency limits.
  https://gov.georgia.gov/document/2025-signed-legislation/hb-36/download (accessed 2026-07-18)
• 2026 HB 1268/AP — current code-revision act confirming no change to the
  petition, proof, notice, counsel, evaluation, order, or least-restrictive
  sections relied on here.
  https://gov.georgia.gov/document/2026-signed-legislation/hb-1268/download (accessed 2026-07-18)