Guardianship & Conservatorship

Guardianship & Conservatorship

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides: (a) Other than an emergency…

1 month ago

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the Ward. In that regard, O.C.G.A.…

9 months ago

Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for a patient. O.C.G.A. § 29-4-18…

9 months ago

Conduct of emergency guardianship hearing; limitations on emergency guardianship; O.C.G.A. § 29-4-16

If an emergency guardianship is warranted, O.C.G.A. § 29-4-16 sets the requirements for how the hearing is conducted. O.C.G.A. §…

9 months ago

Guardianship Appeal Statute is purely statutory

In Matter of Doze, 717 SW 3d 240 (2025), a Missouri Court affirmed the decision below appointing Queen Doze's father…

9 months ago

Prerequisite findings prior to appointment of emergency guardian; evaluation; notice; hearing; O.C.G.A. § 29-4-15

All things being equal, a Petition for Emergency Guardianship should be denied in favor of a permanent petition. The reason…

10 months ago

Petition for appointment of emergency guardian; requirements of petition; O.C.G.A. § 29-4-14

Petition for Appointment of Emergency Guardian An emergency petition usually begins as an ex parte proceeding. In limited circumstances, an…

10 months ago

Requirements of order granting guardianship; service O.C.G.A. § 29-4-13

Requirements of Order Granting Guardianship The Order included with Standard Form 12 includes the required elements found in O.C.G.A. §…

11 months ago

Judicial review of pleadings and evaluation report; findings; hearing, O.C.G.A. § 29-4-12

Judicial Review of Pleadings and Evaluation Report The prejudice is that petitions for guardianship and conservatorship should be denied. That…

11 months ago

Prerequisite judicial finding of probable cause; notice; petition; evaluations; reporting requirements, O.C.G.A. § 29-4-11

Prerequisite Judicial Finding of Probable Cause The presumption under Georgia law is that a guardianship is unnecessary and should be…

11 months ago