Adult Guardianship

Probate courts have jurisdiction over the appointment and supervision of guardians and conservators of adult persons found to be incapacitated by reason of physical or mental illness to such an extent that the adult is no longer capable of making reasonable and rational decisions concerning his or her person or of managing his or her money and property.

• Removes a person’s right to make decisions for their own person and/or property.
• Two types:  Guardianship (of the person) and Conservatorship (of the property).
• Guardians of an incapacitated adult must file annual reports on the physical/mental status of the ward.
• Conservators must file an inventory of assets, an asset management plan and annual financial accountings, all of which are subject to review or audit by the staff of the probate court.
• May be filed by anyone knowledgeable about and interested in the welfare of the proposed ward.
• Must be filed in the county where the proposed ward resides or is found.
• The process requires the evaluation of a proposed ward by a doctor and the court appointment of an attorney for the proposed ward.
• Nominated guardians and/or conservators must submit to a criminal background check.
• Appointed conservators will be required to post a surety bond for value of all income and property of the Ward
• Videos on Guardianship/Conservatorship of Adults:  https://georgiacourts.gov/probate/videos/