PETITION FOR APPOINTMENT OF GUARDIAN

(AND FOR ISSUANCE OF LETTERS OF GUARDIANSHIP)

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

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Caption.
   IN RE: [WARD_FULL_NAME], Proposed Ward
   Docket No.: ___

2. Title of Petition.
   PETITION FOR APPOINTMENT OF GUARDIAN AND FOR ISSUANCE OF LETTERS OF GUARDIANSHIP PURSUANT TO O.C.G.A. TITLE 29.

3. Parties.
   a. Petitioner: [PETITIONER_FULL_NAME], an individual of full legal age and resident of [PETITIONER_COUNTY] County, Georgia.
   b. Proposed Ward: [WARD_FULL_NAME], currently residing at [WARD_RESIDENCE_ADDRESS].

4. Effective Date.
   This Petition is deemed filed on [DATE] upon acceptance by the Clerk of the Probate Court of [COUNTY_NAME] County, Georgia (“Court”).

5. Jurisdiction & Venue.
   Jurisdiction and venue lie properly with this Court pursuant to O.C.G.A. Title 29 and applicable local probate rules because the Proposed Ward is domiciled in [COUNTY_NAME] County.

[// GUIDANCE: Confirm the Ward’s county of domicile; guardianship petitions must be filed where the Ward resides or is found.]

II. DEFINITIONS

For purposes of this Petition, the following terms have the meanings set forth below (terms appear in alphabetical order; singular includes the plural and vice-versa):

1. “Bond” – Any surety obligation the Court may require of the Guardian pursuant to Georgia guardianship law and the Court’s standing orders.
2. “Court” – The Probate Court of [COUNTY_NAME] County, State of Georgia.
3. “Fiduciary Duty” – The high duty of loyalty, care, and good faith imposed on a Guardian under Georgia law.
4. “Guardian” – The individual or entity ultimately appointed by the Court to exercise all powers granted in the Letters of Guardianship.
5. “Letters” – Letters of Guardianship issued by the Court evidencing the Guardian’s authority.
6. “Protective Orders” – Any injunctive or extraordinary relief necessary to safeguard the Ward pending final adjudication.
7. “Reporting Requirements” – The initial personal care plan and each annual report mandated by O.C.G.A. Title 29, Chapter 2/4, and any supplemental local rule.
8. “Ward” – [WARD_FULL_NAME], the person for whom guardianship is sought.

III. OPERATIVE PROVISIONS

1. Allegations of Incapacity (Adult) / Need for Guardian (Minor).
   a. The Ward is [AGE] years of age.
   b. Nature of Incapacity or Circumstances Requiring Guardianship: [DESCRIBE FACTS SUPPORTING GUARDIANSHIP].
   c. Less-restrictive alternatives have been considered and found insufficient.

2. Identification of Proposed Guardian.
   a. Name: [PROPOSED_GUARDIAN_FULL_NAME]
   b. Relationship to Ward: [RELATIONSHIP]
   c. Address: [PROPOSED_GUARDIAN_ADDRESS]
   d. Qualifications: [DESCRIBE EXPERIENCE/QUALIFICATIONS]

3. Guardianship Standards Requested.
   The Petitioner seeks appointment of a Guardian of the [PERSON / PROPERTY / BOTH] with all powers authorized under O.C.G.A. Title 29, Chapters 2/4, subject to any limitations the Court deems proper.

4. Bond and Security.
   Petitioner proposes a Bond in the penal sum of $[BOND_AMOUNT], or such other amount as the Court determines, to be filed within [__] days after issuance of Letters.

5. Duration of Guardianship.
   Guardianship shall continue until terminated by (i) the Ward’s restoration to capacity or majority, (ii) death of the Ward, or (iii) further Order of this Court.

6. Requested Protective Orders.
   Petitioner requests any interim Protective Orders the Court deems necessary to prevent immediate harm to the Ward or the Ward’s assets.

7. Service & Notice.
   All statutory next of kin and interested persons listed on Schedule A hereto shall be served with notice as required by Georgia law and local probate rules.

IV. REPRESENTATIONS & WARRANTIES

1. Petitioner’s Capacity.
   Petitioner is legally competent and has personal knowledge of the facts alleged herein.

2. Accuracy of Information.
   Petitioner represents that all information contained in this Petition and in all attached schedules and exhibits is true, correct, and complete to the best of Petitioner’s knowledge and belief.

3. Materiality & Survival.
   The foregoing representations shall be deemed material to the Court’s consideration and shall survive the appointment of the Guardian.

V. COVENANTS & RESTRICTIONS

1. Obligations of Guardian.
   a. Exercise Fiduciary Duty in the best interests of the Ward.
   b. File an initial personal care plan within sixty (60) days of qualification and annual reports thereafter.
   c. Seek prior Court approval for any extraordinary medical treatment or disposition of significant property interests belonging to the Ward.

2. Restrictions on Guardian.
   a. No self-dealing or commingling of assets.
   b. No delegation of guardianship powers without prior Court authorization.
   c. Compliance with all Bond conditions and reporting deadlines.

[// GUIDANCE: Tailor the scope of guardianship powers (medical, residential, educational, financial) to the Ward’s actual needs to ensure it is the least-restrictive alternative.]

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Failure to file required reports.
   b. Breach of Fiduciary Duty.
   c. Violation of any Protective Order.

2. Notice & Cure.
   The Court may issue an Order to Show Cause granting the Guardian [15] days to cure any default before further sanctions are imposed.

3. Remedies.
   a. Suspension or removal of Guardian.
   b. Surcharge against the Bond.
   c. Assessment of attorneys’ fees and costs against the Guardian.

VII. RISK ALLOCATION

1. Bond Requirements.
   The Bond shall stand as a cap on personal liability for routine negligence; willful misconduct or gross negligence is excluded from any cap.

2. Indemnification.
   The Guardian shall indemnify and hold harmless the Ward from any loss resulting from breach of Fiduciary Duty, subject to recovery against the Bond and other assets of the Guardian.

3. Insurance.
   Guardian shall maintain [TYPE] insurance with limits of not less than $[LIMITS] naming the Ward as an additional insured where commercially available.

4. Force Majeure.
   Temporary inability to perform due to events beyond reasonable control (e.g., natural disaster, pandemic) shall not constitute default; the Guardian shall notify the Court within [5] business days of any such event.

VIII. DISPUTE RESOLUTION

1. Governing Law.
   This proceeding shall be governed exclusively by the laws of the State of Georgia relating to guardianships.

2. Forum Selection.
   The Probate Court of [COUNTY_NAME] County, Georgia shall retain Continuing and Exclusive Jurisdiction over all matters arising from or related to this guardianship.

3. Arbitration.
   Not available for guardianship matters; all disputes shall be resolved by the Court.

4. Jury Waiver.
   Not applicable; guardianship petitions are heard in probate court without a jury.

5. Injunctive Relief.
   The Court maintains inherent authority to issue Protective Orders or other injunctive relief as necessary to protect the Ward.

IX. GENERAL PROVISIONS

1. Amendment & Waiver.
   Any amendment to the powers requested herein must be made by written petition and approved by Order of the Court.

2. Successors & Assigns.
   Any successor Guardian shall be bound by the terms of the Letters and all existing Court orders.

3. Severability.
   If any provision of this Petition is declared unenforceable, the remaining provisions shall remain in full force and effect.

4. Integration.
   This Petition, together with all exhibits, schedules, and any subsequent amendments approved by the Court, constitutes the full request for relief.

5. Electronic Signatures.
   The Court is requested to accept electronic signatures to the fullest extent permitted by O.C.G.A. § 10-12-1 et seq. (Georgia Uniform Electronic Transactions Act).

X. EXECUTION BLOCK

Signed this ___ day of __, 20.

[PETITIONER_FULL_NAME], Petitioner
Address: [PETITIONER_ADDRESS]
Telephone: [PETITIONER_PHONE]
E-mail: [PETITIONER_EMAIL]

ACKNOWLEDGMENT AND VERIFICATION

STATE OF GEORGIA )
COUNTY OF _ )

I, [PETITIONER_FULL_NAME], being duly sworn, depose and say that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge and belief.

[PETITIONER_FULL_NAME]

Sworn to and subscribed before me this _ day of _, 20.

Notary Public
My Commission Expires: ____

SCHEDULE A – NOTICE RECIPIENTS

1. [NAME / ADDRESS / RELATIONSHIP]
2. …

[// GUIDANCE: Attach additional schedules for medical evaluations, assets subject to Bond, proposed care plan outline, and any consents from next of kin.]