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. Red Roof Inns, Inc., 291 Ga. 359 (2012), the Georgia Supreme Court said “[T]he fundamental rules of statutory construction … require us to construe a statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage.” Slakman v. Continental Cas. Co., 277 Ga. 189, 191, 587 S.E.2d 24 (2003).” It then said “when the Legislature says something clearly — or even just implies it — statutes trump cases.” O.C.G.A. § 1-3-2 provides: “As used in this Code or in any other law of this state, defined words shall have the meanings specified, unless the context in which the word or term is used clearly requires that a different meaning be used/”

O.C.G.A. § 29-1-1. Definitions

Except as otherwise provided, as used in this title, the term:

1. “Adult” means an individual who is either 18 years of age or older or an emancipated minor.
2. “Conservator” includes a guardian of the property appointed prior to July 1, 2005, but shall not include a conservator of the estate of an individual who is missing or believed to be dead, as defined in Article 2 of Chapter 9 of Title 53 or a foreign conservator as defined in Part 4 of Article 10 of Chapter 3 and Part 4 of Article 13 of Chapter 5 of this title.
3. “County guardian” means an individual described in Chapter 8 of this title.
4. “Court” means the probate court.
5. “Emergency conservator” means an individual appointed pursuant to the provisions of Code Section 29-5-15.
6. “Emergency guardian” means an individual appointed pursuant to the provisions of Code Section 29-4-14.
7. “Guardian” means an individual appointed pursuant to the provisions of this title and includes a guardian of the person appointed prior to July 1, 2005, but shall not include a guardian ad litem.
8. “Guardian ad litem” means an individual appointed pursuant to the provisions of Code Section 29-9-2.
9. “Interested person” means any person who has an interest in the welfare of a minor, ward, or proposed ward, or in the management of that individual’s assets and may include a governmental agency paying or planning to pay benefits to that individual.
10. “Licensed clinical social worker” means a social worker who is licensed in accordance with the provisions of Chapter 10A of Title 43.
11. “Minor” means an individual who is under 18 years of age and who is not emancipated.
12. “Natural guardian” means an individual defined by the provisions of Code Section 29-2-3.
13. “Parent” means a biological or adoptive father or mother whose parental rights have not been surrendered or terminated and, in the case of a child born out of wedlock, the individual or individuals who are entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25.
14. “Permanent guardian” means an individual appointed as guardian of a minor pursuant to Part 5 of Article 1 of Chapter 2 of this title.
15. “Personal representative” means an executor, administrator, successor, personal representative, or the duly qualified and acting personal representative of the estate of a decedent.
16. “Proposed ward” means an adult for whom a petition for the appointment of a guardian or a conservator has been filed.
    1. (16.1) “Public guardian” means an individual or private entity, including a nonprofit entity, appointed pursuant to Chapter 10 of this title.
17. “Standby guardian” means an individual appointed pursuant to Part 4 of Article 1 of Chapter 2 of this title.
18. “Successor conservator” means an individual who has been appointed as conservator pursuant to Code Section 29-3-91 or 29-5-101.
19. “Successor guardian” means an individual who has been appointed as guardian pursuant to Code Section 29-2-51 or 29-4-61.
20. “Sui juris” means an adult who is not suffering from any legal disability.
21. “Temporary guardian” means an individual who is appointed as a guardian for a minor in accordance with the provisions of Part 3 of Article 1 of Chapter 2 of this title.
22. “Temporary substitute conservator” means an individual who has been appointed as conservator pursuant to Code Section 29-3-90 or 29-5-100.
23. “Temporary substitute guardian” means an individual who has been appointed as guardian pursuant to Code Section 29-2-50 or 29-4-60.
24. “Testamentary conservator” means a person who has been issued letters of conservatorship pursuant to Code Section 29-3-5.
25. “Testamentary guardian” means a person who has been issued letters of guardianship pursuant to Code Section 29-2-4.
26. “VA guardian” means a person appointed pursuant to the provisions of Chapter 7 of this title.
27. “Ward” means an adult for whom a guardian or conservator has been appointed.

This list differs from definitions in the Adult Guardianship and Protective Proceedings Jurisdiction Act, Section 102. For example, the AGPPJA uses the term “incapacitated person” while the Georgia Act uses the term “Ward.” The AGPPJA defines the term “Party” as “the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.” In Georgia one could legitimately question whether other persons are parties since the right to appeal a final order is limited. See O.C.G.A. § 29-4-70. As you use our guide, keep in mind that some chapters of the Georgia guardianship and conservatorship code include their own definitions section.