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Guardianship & Conservatorship

What is Guardianship?

A guardian is granted custody and control over an incapacitated individual by the Probate Court. Guardians are responsible for making sure the ward has adequate medical attention, an acceptable place to live, adequate food, etc.

In Georgia, any “interested person” may file a petition for the appointment of himself or some other qualified person as guardian of an incapacitated person, and if so appointed by the judge, may serve in that capacity. An “interested person” is an individual who has an interest in the welfare of an incapacitated person, and is not himself a minor, ward, or protected person.

What is Conservatorship?

A conservator is granted control over financial matters for an incapacitated individual, such as paying their bills, filing taxes, determining a budget for the ward, taking care of the ward’s investments, etc. A conservator has no authority to make decisions regarding the ward’s personal affairs.

In Georgia, guardianship and conservatorship is the process by which an individual seeks appointment through the court as official legal representative of another person. Once a guardian and/or conservator is appointed for someone, then that person’s legal right to make significant decisions has been removed.

Petitioning to become a conservator or guardian can be a complex and time-consuming process, and few people should go through it alone. Before you file, our attorneys can help you understand this process and determine whether and when you should file for guardianship/conservatorship. Our attorneys can also help you through the guardianship process itself.

For more detailed information about Guardianship and Conservatorship in Georgia please see the following blog post: