Legal
Filing for Guardianship
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The process of filing for the appointment of a guardian for a person with brain injury may be completed without the assistance of an attorney; however, the process does require interaction with the Probate Court, the compliance with Court rules, and appearance in Court. Further, as a guardianship creates a legal relationship with both legal rights and obligations between the guardian and the ward, it is often advisable to seek legal advice from an attorney prior to pursuing the appointment.
Terms Used in Guardianship
- Ward or proposed ward: The person with brain injury.
- Guardian of the Person: The Guardian is responsible for the ward’s (the incapacitated individual) person, including making healthcare decisions.
- Guardian of the Property:
- The Guardian is responsible for managing and maintaining the ward’s estate to provide for the continued support of the ward.
- Incapacitated:
- The term used to describe a ward deemed incompetent. The term is often used interchangeably with incompetent.
- Petition:
- The document filed with the Probate Court in the county where the proposed ward resides which requests the appointment of a guardian.
- Petitioner:
- The person or persons filing the Petition requesting the appointment of a guardian for an incapacitated ward.
In Georgia, a guardianship proceeding is commenced by petitioning the Probate Court in the county where the proposed ward resides. The petition is a state wide standardized 16 page form entitled Petition for the Appointment of a Guardian for an Alleged Incapacitated Adult. The petition requires the following:
- Petition must be filed either by two petitioners or one petitioner with an Affidavit from a physician or psychologist. Note the physician or psychologist must have examined the proposed ward within the 10 days before the filing of the petition. A form Affidavit is provided as part of the petition
- Present address of the proposed ward.
- A statement of the basis for incapacity and its anticipated duration.
- Last known addresses for spouse and living adult children of the proposed ward or if there is no spouse or adult living children then two adult living next of kin, or if there are no adult living next of kin then two adult friends. The petitioner(s) cannot be considered for meeting this requirement.
- All known assets and income of the proposed ward.
- Name and address and acceptance of the nomination of person nominated to act as guardian.
The petition includes additional pages that the Court will use in processing the Petition. Upon completing the appropriate portions of the petition, the entire 16 pages must be filed with the Probate Court in the county in which the proposed ward resides. Thereafter, the Court will provide directions by mailed notice to the petitioner(s), the proposed ward, and relatives/next of kin listed in the petition.
There is a filing fee associated with filing the Petition. The fee is due at the time of filing. To determine the proper filing fee, contact your local Probate Court.
Lori E. Jolly is an attorney with Commanderl & Pound.
lori@commanderpound.com
www.gaprobate.org - Georgia Probate Forms and Instructions online
www.gaprobate.org - Georgia Probate Courts Contact Information
http://www.cviog.uga.edu/Projects/gainfo/co_web.htm - Georgia Counties Information Sites