Georgia Adult Guardianship and Conservatorship Petition + Letters Package

GEORGIA ADULT GUARDIANSHIP AND CONSERVATORSHIP — PETITION, EVALUATION, AND LETTERS PACKAGE

PART 1 — PRE-PETITION CHECKLIST (Counsel Worksheet — NOT FILED)

☐ Confirm proposed ward is age 18+ and domiciled or found in filing county
☐ Confirm proposed ward lacks "sufficient capacity to make or communicate significant responsible decisions" concerning health/safety (guardianship — § 29-4-1) and/or management of property (conservatorship — § 29-5-1)
☐ Less-restrictive alternatives analysis (mandatory § 29-4-1(f) / § 29-5-1(f)):
☐ Durable Power of Attorney (O.C.G.A. § 10-6B-1 et seq. — Uniform Power of Attorney Act)
☐ Advance Directive for Health Care (O.C.G.A. § 31-32-1 et seq.)
☐ Representative Payee (SSA/VA)
☐ Supported decision-making agreement
☐ Special needs trust / revocable trust
☐ Joint accounts / direct deposit
☐ Adult Protective Services referral (DHS/DAS)
☐ Identify type sought: Guardian / Conservator / Both
☐ Verify petition format under § 29-4-10 / § 29-5-10:
☐ Two petitioners OR
☐ One petitioner + affidavit of examining physician, psychologist, or LCSW (examination within 15 days)
☐ Identify proposed Guardian/Conservator (preferences under § 29-4-3 / § 29-5-3)
☐ Calculate bond amount (§ 29-4-13 / § 29-5-40)
☐ List spouse, adult children, parents, adult siblings for notice (§ 29-4-12)
☐ Emergency? — § 29-4-14 requires immediate substantial risk of death or serious physical injury
☐ Determine if existing POA / advance directive exists; if so, why is guardianship still needed?
☐ Filing fees and county-specific surcharges

PART 2 — VERIFIED PETITION FOR APPOINTMENT OF [☐ GUARDIAN] [☐ CONSERVATOR] [☐ GUARDIAN AND CONSERVATOR]

IN THE PROBATE COURT OF [____________________] COUNTY, STATE OF GEORGIA

VERIFIED PETITION FOR APPOINTMENT OF [☐ GUARDIAN PURSUANT TO O.C.G.A. § 29-4-10] [☐ CONSERVATOR PURSUANT TO O.C.G.A. § 29-5-10]

Petitioner(s) respectfully show:

1. Petitioner(s).

2. Proposed Ward.

3. Jurisdiction and Venue. Proposed Ward is domiciled in or is found in [____________________] County, Georgia. Venue is proper in this Court under O.C.G.A. § 29-4-10(b) / § 29-5-10(b).

4. Incapacity (Guardianship — O.C.G.A. § 29-4-1). Proposed Ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety because: [______________________]

5. Incapacity (Conservatorship — O.C.G.A. § 29-5-1). Proposed Ward lacks sufficient capacity to make or communicate significant responsible decisions concerning management of property because: [______________________]

6. Specific Diagnoses and Functional Limitations: [______________________]

7. Reasons Guardian/Conservator is Needed: [______________________]

8. Less Restrictive Alternatives (mandatory under § 29-4-1(f) / § 29-5-1(f)):

9. Proposed Guardian / Conservator (preference order under § 29-4-3 / § 29-5-3):

Proposed [☐ Guardian] [☐ Conservator] consents to serve and is qualified.

10. Estate of Proposed Ward (required for conservatorship):

11. Identity of Spouse, Adult Children, Parents, Adult Siblings: Listed on Exhibit A.

12. Affidavit of Examining Professional. [☐ Attached as Exhibit B] [☐ Not attached because petition has two co-petitioners].

13. Existing Fiduciary Documents. Copies attached as Exhibit C: [☐ POA] [☐ Advance Directive] [☐ Trust] [☐ None known].

14. Bond. Petitioner requests bond in the amount of $[__________] [☐ with] [☐ without] surety.

WHEREFORE, Petitioner prays:

A. The Court accept this Petition pursuant to O.C.G.A. § 29-4-11 / § 29-5-11;
B. Appoint a court evaluator pursuant to O.C.G.A. § 29-4-11 / § 29-5-11;
C. Appoint a Guardian Ad Litem and/or court visitor (§ 29-4-15);
D. Hold a hearing pursuant to § 29-4-13 / § 29-5-13;
E. Appoint [______________________] as [☐ Guardian] [☐ Conservator] for Proposed Ward;
F. Issue Letters of Guardianship / Conservatorship.

VERIFICATION

Personally appeared before the undersigned officer Petitioner(s), who, after being duly sworn, state that the facts contained in the foregoing Petition are true and correct to the best of their knowledge and belief.

Sworn to and subscribed before me on [__/__/____].

Submitted by: [______________________], Counsel for Petitioner; Ga. Bar No. [______________________]

PART 3 — EXHIBIT A: NOTICE LIST — SPOUSE, ADULT CHILDREN, PARENTS, ADULT SIBLINGS (O.C.G.A. § 29-4-12)

☐ No living spouse, adult child, parent, or adult sibling — list nearest adult relatives.

PART 4 — EXHIBIT B: AFFIDAVIT OF EXAMINING PHYSICIAN, PSYCHOLOGIST, OR LCSW (O.C.G.A. § 29-4-10(c) / § 29-5-10(c))

Affiant: [______________________]
Credentials: ☐ Physician (M.D./D.O.) ☐ Psychologist ☐ Licensed Clinical Social Worker
Georgia License Number: [______________________]
Date of Personal Examination of Proposed Ward: [__/__/____] (must be within fifteen (15) days before filing)

The undersigned, having been duly sworn, deposes and states:

1. I personally examined the proposed ward on the date stated above.
2. The proposed ward suffers from the following diagnosed condition(s): [______________________]

3. In my professional opinion, the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning:
   ☐ His/her health or safety (guardianship)
   ☐ The management of his/her property (conservatorship)

4. Specific functional impairments observed: [______________________]

5. The prognosis is: ☐ Permanent ☐ Reversible ☐ Likely to improve ☐ Likely to worsen
6. Recommendation as to scope of guardianship/conservatorship: [______________________]
7. Less-restrictive alternatives evaluated and opinion on their sufficiency: [______________________]

Sworn to and subscribed before me on [__/__/____].

PART 5 — NOTICE TO PROPOSED WARD WITH STATEMENT OF RIGHTS (O.C.G.A. § 29-4-12 / § 29-5-12)

TO: [PROPOSED WARD FULL LEGAL NAME]

A PETITION HAS BEEN FILED IN THE PROBATE COURT OF [____________________] COUNTY, GEORGIA, ASKING THAT YOU BE DECLARED INCAPACITATED AND THAT A [☐ GUARDIAN] [☐ CONSERVATOR] BE APPOINTED TO MAKE DECISIONS ABOUT YOU AND/OR YOUR PROPERTY.

A hearing will be held:

YOUR RIGHTS UNDER GEORGIA LAW

1. Right to be present at the hearing.
2. Right to legal counsel. If you cannot afford an attorney, the Court must appoint one for you (O.C.G.A. § 29-4-13).
3. Right to a court-appointed evaluator to examine you (O.C.G.A. § 29-4-11).
4. Right to a Guardian Ad Litem to represent your interests.
5. Right to present evidence and to cross-examine witnesses.
6. Right to a jury trial if timely requested.
7. Right to be informed of and to insist on less restrictive alternatives (O.C.G.A. § 29-4-1(f)).
8. Right to require that incapacity be proven by CLEAR AND CONVINCING EVIDENCE.
9. Right to nominate a guardian/conservator of your choice whom the Court must consider in the order of preference (O.C.G.A. § 29-4-3 / § 29-5-3).
10. Right to a closed hearing if you request it.
11. Right to petition for modification or termination of guardianship/conservatorship at any time.
12. Right to an evaluation in your primary language or with appropriate accommodations.

EFFECT OF ADJUDICATION

If the Court appoints a guardian and/or conservator, you may lose the right to make decisions about your residence, medical care, marriage, contracts, voting, driving, finances, or other matters to the extent specified in the Court's order. The guardian/conservator must respect your rights and dignity (O.C.G.A. § 29-4-22).

Service: Personal service on Proposed Ward required at least ten (10) days prior to hearing per O.C.G.A. § 29-4-12.

PART 6 — NOTICE TO INTERESTED PERSONS

TO: ALL PERSONS LISTED ON EXHIBIT A

You are notified that a Petition for Appointment of [☐ Guardian] [☐ Conservator] for [WARD NAME] has been filed in the Probate Court of [____________________] County, Georgia, and that a hearing is set for [__/__/____] at [____:____] [☐ a.m.] [☐ p.m.] at [______________________].

You may attend, present evidence, and object pursuant to O.C.G.A. § 29-4-12 / § 29-5-12.

PART 7 — ORDER APPOINTING COURT EVALUATOR AND GUARDIAN AD LITEM (O.C.G.A. § 29-4-11 / § 29-4-15)

The Court having accepted the Petition for Appointment of [☐ Guardian] [☐ Conservator]:

IT IS ORDERED:

1. [______________________] is appointed as Evaluator pursuant to O.C.G.A. § 29-4-11. The Evaluator (a physician, psychologist, or LCSW) shall examine the proposed ward and file a written report with the Court not less than seven (7) days before the hearing.

2. [______________________], Esq., is appointed as Guardian Ad Litem for the proposed ward pursuant to O.C.G.A. § 29-4-15 to represent the proposed ward's best interests and to advise the Court on less restrictive alternatives.

3. [☐ A court visitor is appointed per local rule to personally visit the proposed ward.]

4. The Evaluator's compensation is set at $[__________], payable from [☐ estate of proposed ward] [☐ public funds if indigent].

PART 8 — LESS RESTRICTIVE ALTERNATIVE ANALYSIS (O.C.G.A. § 29-4-1(f) / § 29-5-1(f))

Georgia law requires that guardianship/conservatorship be "ordered only to the extent necessitated by the adult's actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate." Petitioner submits:

A. Decision Domains Evaluated:

1. Healthcare: [______________________]
2. Residential: [______________________]
3. Finances — routine: [______________________]
4. Finances — major: [______________________]
5. Social / personal: [______________________]

B. Alternatives Considered and Their Insufficiency: [______________________]

C. Specific Powers Reserved to the Adult: [______________________]

PART 9 — OATH AND BOND OF GUARDIAN / CONSERVATOR (O.C.G.A. § 29-4-13 / § 29-5-40)

OATH

I, [______________________], do solemnly swear (or affirm) that I will faithfully discharge the duties of [☐ Guardian] [☐ Conservator] of the person/property of [WARD NAME] according to the laws of Georgia and the orders of this Court.

Sworn before me on [__/__/____].

BOND

PART 10 — NOTICE OF HEARING

Notice is given that a hearing on the Petition will be held:

PART 11 — ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

The hearing on the Petition having been held on [__/__/____]; the proposed ward [☐ being present] [☐ being represented by counsel]; the Court having considered the Petition, the Evaluator's report, the GAL report, and all evidence;

THE COURT FINDS by clear and convincing evidence:

1. [WARD NAME] lacks sufficient capacity to make or communicate significant responsible decisions concerning [☐ health or safety] [☐ management of property].
2. Less restrictive alternatives are not available or appropriate.
3. [______________________] is the appropriate person to serve.

IT IS ORDERED:

A. [______________________] is appointed [☐ Guardian per O.C.G.A. § 29-4-1] [☐ Conservator per O.C.G.A. § 29-5-1].
B. Powers of Guardian (§ 29-4-23 — check all granted):
☐ Custody of ward; establish place of residence within Georgia
☐ Consent to medical/professional care (subject to Title 31, Chapters 9, 20, 36)
☐ Apply for benefits
☐ Take reasonable care of personal effects
☐ Receive funds for current support (per § 29-4-22)
☐ Other: [______________________]
Powers requiring express court grant (§ 29-4-23(b)):
☐ (b)(1)-(3) standard powers
☐ (b)(4)-(7) extraordinary powers (require specific findings)
C. Powers of Conservator (§ 29-5-23):
☐ Possess and manage estate
☐ Pay debts and expenses
☐ Invest estate
☐ Settle accounts
☐ Sale/encumbrance of real estate requires prior court approval (§ 29-5-23(c))
☐ Other: [______________________]
D. Rights RESERVED to Ward: [______________________]
E. Bond set at $[__________] with [☐ corporate] [☐ personal] surety.
F. Letters of [☐ Guardianship] [☐ Conservatorship] shall issue.
G. Initial Inventory and Asset Management Plan required within two (2) months (§ 29-5-30).
H. Personal Status Report due within 60 days of appointment and annually thereafter (§ 29-4-22(b)(9)).
I. Annual Return required from Conservator (§ 29-5-60).

PART 12 — LETTERS OF GUARDIANSHIP / CONSERVATORSHIP

LETTERS OF [☐ GUARDIANSHIP] [☐ CONSERVATORSHIP]

STATE OF GEORGIA, COUNTY OF [______________________]

These Letters certify that [______________________] was duly appointed and qualified on [__/__/____] as [☐ Guardian of the Person] [☐ Conservator of the Estate] of [WARD NAME] by Order of the Probate Court of [____________________] County, Georgia, Estate No. [______________________], and is empowered to act in such capacity subject to the limitations stated in the Order.

Limitations: [______________________]

PART 13 — INITIAL INVENTORY / ASSET MANAGEMENT PLAN AND ANNUAL RETURN REFERENCE

Inventory and Asset Management Plan (O.C.G.A. § 29-5-30; due within 2 months of qualification):

• Itemized list of all assets and their fair market value
• Proposed budget for the conservatorship
• Proposed investment strategy

Personal Status Report (O.C.G.A. § 29-4-22(b)(9); due within 60 days of appointment and on each anniversary):

• General condition, changes, and needs of ward
• All addresses and living arrangements during the period
• Funds received and expended
• Recommendations for alteration of guardianship order

Annual Return (O.C.G.A. § 29-5-60):

• All receipts and disbursements with vouchers
• Asset reconciliation
• Statement of compliance with Asset Management Plan
• Filed annually

SOURCES AND REFERENCES

• O.C.G.A. Chapter 29-4 (Adult Guardianship)
• O.C.G.A. Chapter 29-5 (Adult Conservatorship)
• O.C.G.A. § 10-6B-1 et seq. (Uniform Power of Attorney Act)
• O.C.G.A. § 31-32-1 et seq. (Georgia Advance Directive for Health Care)
• Georgia Department of Human Services, Division of Aging Services, Public Guardianship 5800 Manual
• Georgia Council of Probate Court Judges standard forms (GPCSF Forms)
• Uniform Probate Court Rules

END OF GEORGIA ADULT GUARDIANSHIP AND CONSERVATORSHIP PACKAGE