2025 Legislative Changes
During its 2025 session, the Georgia Legislature passed, and the Governor signed, two new laws impacting guardianships and conservatorships in Georgia. The first was HB 36. The second was SB 98. Both laws become effective July 1, 2025.
HB 36
- Code Section 29-4-1 now expressly provides there is no presumption that a guardian is needed solely because the proposed ward has one or more developmental disabilities. Code Section 29-4-12(d)(6) was added to require clear and convincing evidence of the need for a guardianship.
- Section 29-4-10(c)(1), 29-4-11(d) will now allow evaluations by a physician, psychologist, a physician assistant, a nurse practitioner or clinical nurse specialists in psychiatric/mental health, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker. The old law only authorized evaluations by a physician, psychologist or licensed clinical social worker. Similar changes where made in sections relating to an emergency guardianship and in Section 29-4-41 relating to modifications of guardianships.
- Code Section 29-4-11(d)(6) now authorizes “the proposed ward’s legal counsel [to] challenge the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience, or abilities of the person performing the evaluation.” A similar right to challenge the evaluator’s findings was added as new Code Section 29-4-12(d)(4) (the remaining subparagraphs were renumbered to make room for this new paragraph). The right is preserved for trial regardless of whether it was raised in a written objection. Section 29-4-12(d)(5) (which was 29-4-12(d)(4) under the old law) continues to allow the Court to consider the evaluator’s report but now expressly allows the Court to consider other argument and evidence presented by the proposed ward.
- Identical changes to those described above were made to the conservatorship title.
- The powers of an emergency conservator are now expressly limited by 29-5-15(c)(5) as follows: “Any emergency conservator appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship; such powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; and such powers and duties shall be subject to the limitations provided in this paragraph regarding the expenditures of funds of the ward.”
- Code Section 29-5-23(a)(13) was amended regarding a conservator’s ability to compromised contested claims under $25,000.
SB 98
The new law generally separates the duties of a County Guardian from those of a County Conservator. Initially, the definitions section of Section 29-1-1 now includes a separate definition of County Conservator. Section 29-8-3 now provides for issuance of separate letters of guardianship and conservatorship.