Guardianship & Conservatorship

Order of preference in selection of guardians; written request nominating guardian; requirements of writing, O.C.G.A. § 29-4-3

The ultimate test in determining who should be appointed as guardian is "who will best serve the interest of the…

3 months ago

Qualifications of guardians selected for adults, O.C.G.A. § 29-4-2

Only individuals or the Department of Human Services may serve as guardian. Although not expressly spelled out, only someone capable…

3 months ago

Prerequisite findings prior to appointment of guardian for adult; extent of guardianship, O.C.G.A. § 29-4-1

In Georgia, when determining whether a guardianship is necessary, the Court looks solely at capacity. Disability alone is not sufficient…

3 months ago

Georgia Guardianship and Conservatorship, OCGA 29-1-1

Last updated 9/2/2025 Georgia Guardianship and Conservatorship When interpreting Georgia's Guardianship and Conservatorship Code, definitions are critical. In Couch v.…

3 months ago

Probate Court properly exercised its discretion disregarding spouse’s statutory priority as guardian

In In re Estate of Jenkins, 366 Ga. App. 628 (2023), Gary Jenkins was living in an assisted living facility…

4 months ago

Attorney’s fees can be awarded for frivolous claims and defenses in Probate Cases

The general rule is that "an award of attorney fees and expenses of litigation are not available to a prevailing…

4 months ago

What is Clear and Convincing Evidence?

In many cases in involving the Probate Court, the moving party must present clear and convincing evidence to prevail. But…

4 months ago

There is no right to appeal a non-final Guardianship Order

In In re Bruni, 369 Ga. App. 488 (2023), the adult children of a proposed ward filed a petition for…

4 months ago

The person nominated by a proposed ward as Guardian or Conservator is not required to file pleadings to be considered

In In Re Estate of Kurtzman, 366 Ga. App. 725 (2023), Bette Kurtzman, 85 years old, had dementia and was…

4 months ago

Expert Testimony

As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S.…

5 months ago