Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides: (a) Other than an emergency…
In some cases, no one can be found who will consent to medical procedures for a patient. O.C.G.A. § 29-4-18…
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. §…
All things being equal, a Petition for Emergency Guardianship should be denied in favor of a permanent petition. The reason…
Petition for Appointment of Emergency Guardian An emergency petition usually begins as an ex parte proceeding. In limited circumstances, an…
Requirements of Order Granting Guardianship The Order included with Standard Form 12 includes the required elements found in O.C.G.A. §…
Judicial Review of Pleadings and Evaluation Report The prejudice is that petitions for guardianship and conservatorship should be denied. That…
Prerequisite Judicial Finding of Probable Cause The presumption under Georgia law is that a guardianship is unnecessary and should be…
Last updated 9/5/2025 Petition for Appointment of Guardian In Georgia, a Petition for Guardianship is filed on Georgia Probate Standard…
The ultimate test in determining who should be appointed as guardian is "who will best serve the interest of the…
Only individuals or the Department of Human Services may serve as guardian. Although not expressly spelled out, only someone capable…
In Georgia, when determining whether a guardianship is necessary, the Court looks solely at capacity. Disability alone is not sufficient…
Last updated 9/2/2025 Georgia Guardianship and Conservatorship When interpreting Georgia's Guardianship and Conservatorship Code, definitions are critical. In Couch v.…