In Georgia, when determining whether a guardianship is necessary, the Court looks solely at capacity. Disability alone is not sufficient to impose a guardianship. There is no presumption that a guardianship is necessary. The appointment of a guardian must be in the Ward’s best interests. Further, Courts are required to structure the guardianship to encourage […]
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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 […]
