In Georgia, the Probate Courts may grant guardianship of an adult resident of the State who is found by the Court to lack sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety, and may grant conservatorship of an adult resident of the State who is found by the Court to lack sufficient capacity to make or communicate significant responsible decisions concerning management of his/her property.
A guardian has those rights and powers reasonably necessary to provide adequately for the support, care, education, health and welfare of the ward. A guardian is much like a parent of a child who has both the authority and the responsibility of making decisions for the child. This may mean that a guardian must make decisions which are considered to be in the ward's best interest even if the ward voices an objection, much like a parent requiring a child to attend school or receive medical treatment. it is the guardian's duty to encourage the ward to develop maximum self-reliance and independence, to encourage the ward to participate in decisions and act on the ward's own behalf, and to develop or regain the capacity to manage the ward's personal affairs.
A conservator is a fiduciary entrusted with the management of the funds and property of another, much like a trustee. Except as otherwise provided by law or by the Court's order, a conservator shall receive, collect, and make decisions regarding the ward's property. A conservator shall, to the extent feasible, encourage the ward to participate in making decisions and shall consider the expressed desires and personal values of the ward which are known to the conservator. A conservator shall at all times act in the ward's best interest and exercise reasonable care, diligence, and prudence. The mere appointment of a conservator does not remove from the ward the right to vote or the capacity to make a valid will.
All petitions must be filed in the Probate Court and filing fees tendered at the time of filing. Filing fees are non-refundable.
The fees for any guardianship proceeding must be paid upon filing the petition with the Probate Court. The Probate Court accepts cash, money orders, personal checks, MasterCard and Visa debit/credit cards (card processing fee will apply).
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Hours of Operation
2022 Court Closings
99 Sims Street, McDonough, GA 30253
Main Phone: 770 288 7600
TTY: 770 288 6818
Probate Fax: 770 288 7616
Vital Records Fax: 770 288 7562
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