gaprobate.org :: Guardianship

ADULT GUARDIANSHIPS

Probate courts have jurisdiction over the appointment and supervision of guardians of adult persons found to be incapacitated by reason of physical or mental illness to such an extent that the adult is no longer capable of making reasonable and rational decisions concerning his or her person or of managing his or her money and property. All guardians of the person of an incapacitated adult are must file annual reports on the physical/mental status of the ward, and all guardians of the property must file an inventory of assets and annual financial accountings, all of which are subject to review or audit by the staff of the probate court. The discharge or removal of guardians and their sureties is within the jurisdiction of the probate courts.

MINOR GUARDIANSHIPS

Probate courts have jurisdiction over the appointment and supervision of guardians of the property of minor children. Guardians of the property of minors also must file an inventory of assets and annual financial accountings with the probate court. Probate courts may also appoint guardians or temporary guardians of the persons of minor children in certain circumstances.

TEMPORARY GUARDIANSHIP INFORMATION

If you have a child in your physical custody and you are not that child’s parent, you are without authority to enroll the child in school, obtain medical treatment for the child or otherwise control the child without first becoming the legally qualified Temporary Guardian of Person through the Probate Court of your county of residence. (Alternatively, you may contact the Juvenile Court about becoming the legal custodian of the child.)

If you wish to become Temporary Guardian of Person, you must comply with every legal requirement, including notice to both parents of the child. If either is deceased, you must furnish the death certificate or other proof of death. If whereabouts of both parents are unknown, you will need to go to Juvenile Court. You must furnish a certified copy of child’s birth certificate and your personal identification. Upon completion of the forms, you will need to telephone the Probate Court 229/377-4621) to secure an appointment time to file for temporary guardianship. If you have any questions about the proceeding, contact an attorney. Clerks can furnish forms to you but have no authority to explain the law to you. You will be required to sign a consent form for your criminal history to be checked.

COST REQUIRED TO FILE PETITION FOR TEMPORARY GUARDIANSHIP - There are court costs which must be paid at the time you file the petition. These costs are set by the Georgia Legislature, not the Court. Clerks will inform you of total costs, which vary depending on method of service to parents.

Basic Costs: (Both parents signing relinquishment)
Filing petition: $60.00
Recording: $2.00 per page
Law Library Fee: $4.00
Each Certified Copy: $5.00

Additional costs: Sheriff service, postage charges and/or publication fees (if required)

Alternatives to Guardianship

Handbook For Guardians



» Find Your Local Probate Court » About Marriage and Firearms Licenses » Probate Proceedings: Wills and Estate Planning » Guardianship: Adult, Minor, and Temporary » Georgia Probate Court Standard Forms
	ADULT GUARDIANSHIPS Probate courts have jurisdiction over the appointment and supervision of guardians of adult persons found to be incapacitated by reason of physical or mental illness to such an extent that the adult is no longer capable of making reasonable and rational decisions concerning his or her person or of managing his or her money and property. All guardians of the person of an incapacitated adult are must file annual reports on the physical/mental status of the ward, and all guardians of the property must file an inventory of assets and annual financial accountings, all of which are subject to review or audit by the staff of the probate court. The discharge or removal of guardians and their sureties is within the jurisdiction of the probate courts. MINOR GUARDIANSHIPS Probate courts have jurisdiction over the appointment and supervision of guardians of the property of minor children. Guardians of the property of minors also must file an inventory of assets and annual financial accountings with the probate court. Probate courts may also appoint guardians or temporary guardians of the persons of minor children in certain circumstances. TEMPORARY GUARDIANSHIP INFORMATION If you have a child in your physical custody and you are not that child’s parent, you are without authority to enroll the child in school, obtain medical treatment for the child or otherwise control the child without first becoming the legally qualified Temporary Guardian of Person through the Probate Court of your county of residence. (Alternatively, you may contact the Juvenile Court about becoming the legal custodian of the child.) If you wish to become Temporary Guardian of Person, you must comply with every legal requirement, including notice to both parents of the child. If either is deceased, you must furnish the death certificate or other proof of death. If whereabouts of both parents are unknown, you will need to go to Juvenile Court. You must furnish a certified copy of child’s birth certificate and your personal identification. Upon completion of the forms, you will need to telephone the Probate Court 229/377-4621) to secure an appointment time to file for temporary guardianship. If you have any questions about the proceeding, contact an attorney. Clerks can furnish forms to you but have no authority to explain the law to you. You will be required to sign a consent form for your criminal history to be checked. COST REQUIRED TO FILE PETITION FOR TEMPORARY GUARDIANSHIP - There are court costs which must be paid at the time you file the petition. These costs are set by the Georgia Legislature, not the Court. Clerks will inform you of total costs, which vary depending on method of service to parents. Basic Costs: (Both parents signing relinquishment) Filing petition: $60.00 Recording: $2.00 per page Law Library Fee: $4.00 Each Certified Copy: $5.00 Additional costs: Sheriff service, postage charges and/or publication fees (if required)	Alternatives to Guardianship Handbook For Guardians
Home \| About Probate Court \| About Standard Forms \| Terms of Use