First, let’s clear up some terms.  A guardian is a person who has been given the legal ability to care for another person.  A ward is the person under the guardian’s care.

Second let’s clear up what we are discussing.  This question concerns obtaining a guardian for an incapacitated adult or minor only.  It does not address obtaining a guardianship over minors who are wards of the court, revoking parental rights, etc.  What is incapacitated?  Typically it is somebody who is unable to make or communicate significant responsible decisions concerning their health, safety, finances, or general welfare.  In addition, the court will look to see if there are less restrictive alternatives that are available.

In Georgia, guardianships are handled by the probate court of the county where the ward resides, not where the guardian resides.  The person who is seeking the guardianship files a petition with the probate court.  The petition asks the court to decide that the ward is unable to care for himself and asks that the court appoint a guardian.

In order to file the petition, you must have a doctor sign an affidavit that the ward is unable to care for himself.  The petition must be filed within 10 days of the doctor signing the affidavit.  However, if there are two petitioners, no affidavit is required from a doctor.  However, both people must sign the petition.

Once the petition is filed, the court will appoint a social worker to interview the ward and submit a report to the court.  The court will also appoint an attorney to represent the ward.  The attorney will represent the ward’s interest in court.

Any living parents, siblings, or children of the ward will have to be notified of the petition.  Once everybody has been notified and the social worker and court appointed attorney have met with the ward, the court will schedule a hearing.  At the hearing, the petitioner will testify as to why the ward needs a guardian.  The court appointed attorney will announce his report and is allowed to question the petitioner.  Based upon all of the evidence provided at the hearing, as well as the report from the social worker, the court will decide if a guardian should be appointed.

Most probate courts in Georgia charge anywhere from $400 to $500 to file a guardianship petition.  That fee includes the cost of the court appointed attorney and social worker.  It does not, however, include any fees that your attorney will charge for handling your petition.