What do I need to get a guardianship of an incapacitated person?
Feb 25th, 2010 | By jbass | Category: Elder Law, FAQs, GuardianshipLet’s clarify at the start – this answer concerns obtaining a guardianship of 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.
The cast of characters in this answer:
- Petitioner: the person(s) filing the petition for guardianship or conservatorship.
- Ward: the person who the petition is seeking to obtain a guardianship or conservatorship over. Also known as the incapacitated person.
- Proposed Ward: the person who will be the ward is called a “proposed ward” in the petition and throughout the court proceedings.
- Guardian: the person who will be responsible for the care and well being of the ward.
- Conservator: the person who will be responsible for managing the finances of the ward.
In Georgia, the court will require either two people to sign the petition for guardianship or one person and an affidavit from a doctor. If you are using an affidavit from a doctor, it should follow the form listed on the website for the Georgia Probate Courts. Note that the petition MUST be filed within 10 days of the doctor seeing the patient and signing the affidavit.
If you are seeking a conservatorship as well, you will need to complete a worksheet that lists the income, debts, and assets of the proposed ward.
Once filed, you will need to notify any living parents, siblings, or children of the proposed ward. If there are not at least two living parents, siblings, or children, then you must list at least two adults who are friends or other relatives of the ward.
Related questions:
How much does it cost to obtain a guardianship of an incapacitated person?
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