Guardianship/Conservatorship of Adults

201 N. Perry Parkway, P.O. Box 1801
Perry, GA 31069
Phone: (478) 218-4710
Fax: (478) 218-4715

Useful Information

• ALTERNATIVES TO ADULT GUARDIANSHIPS 
• PROCEEDING PRO SE IN PROBATE COURT

Emergency Guardian and/or Conservator of Adults

In situation or circumstances that pose an immediate danger to the ward or to the ward's estate, an emergency guardian may be appointed by the Court.  Emergency guardians may do only those things which may be reasonably necessary to protect the ward or his estate from the described danger, and the powers and duties of the described danger, and the powers and duties of the emergency guardian are generally specified in the Court's order.  Unless an earlier termination date is set in the Court's order, the emergency guardianship terminates in 45 days from the date of the to roll into order. If a guardian/conservator is still needed, a new petition will need to be filed. Under the New Title 29 of the Official Code of Georgia, there is no provision for an emergency guardianship permanent guardianship. These are two separate actions and separate filing fees.

Guardians and/or Conservators of Adults

In Georgia, the Probate Courts may grant guardianship or conservatorship of an adult resident of the state (or one located in this state) who, because of physical or mental illness or disability, detention by a foreign power, or other just cause, lacks sufficient understanding or capacity to make significant responsible decisions concerning his person (or is incapable of communicating those decisions) AND/OR is incapable of managing his estate or property which is likely to be wasted or dissipated unless proper management is provided.

Requirements to File Petition

You must have two petitioners or one petitioner and the alleged incapacitated adult's doctor's affidavit (form is included with petition) to file a petition for guardianship/conservatorship.

You may file this petition pro se (without an attorney). If you have any questions other than procedural questions, you will need to contact an attorney for that legal advice.

We strongly encourage you to contact an attorney to make sure that this is what you need to do for your situation as there may be an alternative to the guardianship/conservatorship for your circumstances. An attorney also will be able to explain your rights and responsibilities as a guardian/conservator such as posting bond, filing inventories, annual returns, and personal status reports and explain the consequences should the guardianship/conservatorship not be handled properly.

Filing Fees for Guardianship/Conservatorship for a Proposed Ward

Initial Filing Fees....................................... $ 150.00
Professional Fees
            Doctor Appointment.................... $ 200.00
            Attorney Appointment................. $ 175.00
            Background Check........................ $   20.00


TOTAL Amount Due at Filing:............ $ 545.00 *

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Approximate total costs for filing Petition for Appointment
of Guardian/Conservator for Proposed Ward that is Uncontested is $650.00

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If the ward objects to the appointment, the court will then appoint
a Guardian ad litem and an additional $175.00 would be due at that time

For Discharge as Conservator the total fee including publication is $197.00. Additional cost of $175.00 is needed if a Guardian ad Litem needs to be appointed.

You may also refer to Georgia Council of Probate Court Judges Schedule of Costs.

• HANDBOOK ADULT CONSERVATORS
• Probate Court Forms

For further information on the Creation of Conservatorships/Guardianships of Adults, email Kim Willson at [email protected]

For questions regarding Inventories, Assets Management Plans, Annual Returns, Leave to Sells and Discharges, contact Megan Willson at [email protected]