Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating a Proceeding – Filing a Petition:
Any individual, including the proposed ward, may initiate guardianship proceedings by filing a petition for the appointment of a limited or unlimited guardian.
The petition must include:
(1) A statement of the facts;
(2) The name, address, and county of domicile of the proposed ward, if known;
(3) The name, address, and county of domicile of the petitioner and the petitioner’s relationship to the proposed ward, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as guardian and that person’s relationship to the proposed ward, if any;
(4) A statement of the reasons the guardianship is sought, including the facts which support the claim of the need for a guardian;
(5) Any foreseeable limitations on the guardianship;
(6) Whether, to the petitioner’s knowledge, there exists any living will, durable power of attorney for health care, advance directive for health care, psychiatric advance directive, order relating to cardiopulmonary resuscitation, or other instrument that deals with the management of the person of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument; and
(7) The names and addresses of the following: spouse of the proposed ward, children of the proposed ward, or if there are no adult children, then at least two adults, preference to family members.
Notice of Hearing:
The court shall give notice of the petition by first-class mail to all adult individuals and other persons who are named in the petition.
Examinations, Evaluations, and Interviews:
Once a petition is filed, the court will evaluate whether probable cause exists to believe a guardian is needed. If it does, the judge must notify the proposed ward of the proceedings and appoint a physician, psychologist, or licensed clinical social worker to evaluate the proposed ward. The physician, psychologist, or licensed clinical social worker must prepare a report with their findings.
Conservatorship In Georgia:
Where a person is incapable of managing their own financial affairs, any interested person, including the proposed ward, may petition for the appointment of a conservator. The process for appointment of a conservator parallels that of guardianship: the judge does an initial review of probable cause, if it is found, notice is provided to the proposed ward, relevant information is gathered, a hearing is held, then a judge renders a decision.
Ga. Code § 29-4-10 through 29-4-13
Ga. Code § 29-5-10 through 29-5-13