Georgia Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Georgia court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on O.C.G.A. Title 29 (Guardian and Ward)

By Settled Estate EditorialPublished: June 28, 2026Updated: June 10, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Georgia guardianship is governed by O.C.G.A. Title 29 (Guardian and Ward).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of an Adult (Guardian of the Person)

Has authority over the personal, health, and safety decisions of an incapacitated adult who lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety. Governed by Chapter 4.

O.C.G.A. 29-4-1

Conservator of an Adult (Conservator of the Property)

Has authority over the property and financial affairs of an adult who lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property. A conservator manages the estate; it is a separate appointment from guardian of the person. Governed by Chapter 5.

O.C.G.A. 29-5-1

Guardian of a Minor

Has authority over the person of a minor (under 18) who has no living parent or whose parents' rights have been terminated or removed. A guardian of a minor controls the minor's care, custody, education, and health but not the minor's property unless also appointed conservator. Governed by Chapter 2.

O.C.G.A. 29-2-1 through 29-2-19

More guardianship types5 additional arrangements courts use in specific situations, with statute cites

Conservator of a Minor

Manages the property and financial affairs of a minor. Required when a minor owns or is entitled to property; the appointment is separate from guardianship of the minor's person. Governed by Chapter 3.

O.C.G.A. 29-3-1 through 29-3-90

Emergency Guardian of an Adult

Appointed when an adult faces an immediate, clear, and substantial risk of death or serious physical injury, illness, or disease and there is not sufficient time to appoint a permanent guardian. Strictly time-limited.

O.C.G.A. 29-4-14, 29-4-16

Emergency Conservator of an Adult

Appointed when there is an immediate, clear, and substantial risk of irreparable waste or dissipation of an adult's property and not sufficient time to appoint a permanent conservator. Strictly time-limited.

O.C.G.A. 29-5-14, 29-5-16

Temporary Medical Consent Guardian

Limited guardianship appointed solely to make a medical treatment decision for an adult who is unable to consent and has no other authorized decision maker. Authority ends when the specified treatment decision is resolved.

O.C.G.A. 29-4-18

Standby and Testamentary Guardian (Minors)

A parent or current guardian may name a guardian to take over on the parent's death or incapacity. A testamentary guardian is nominated in a will; the probate court awards letters to the nominee unless an objector proves by clear and convincing evidence that the nominee is unfit.

O.C.G.A. 29-2-4

The Georgia guardianship court process

1File Petition in Probate CourtAny interested person may file a petition for guardianship and/or conservatorship in the probate court of the county where the proposed ward is domiciled or is found.

Any interested person may file a petition for guardianship and/or conservatorship in the probate court of the county where the proposed ward is domiciled or is found. The petition must be sworn to by at least two petitioners, or by one petitioner supported by an affidavit of a physician, psychologist, or licensed clinical social worker who examined the proposed ward within the 15 days before filing (O.C.G.A. 29-4-10, 29-5-10).

2Probable Cause Review and NoticeThe court reviews the petition for probable cause to believe the adult is in need of a guardian or conservator.

The court reviews the petition for probable cause to believe the adult is in need of a guardian or conservator. If probable cause exists, the proposed ward is personally served with notice, and the court appoints legal counsel for the proposed ward (within two days unless counsel is already retained) (O.C.G.A. 29-4-11, 29-5-11).

3Court-Ordered EvaluationThe court orders an evaluation of the proposed ward by a physician, psychologist, or licensed clinical social worker.

The court orders an evaluation of the proposed ward by a physician, psychologist, or licensed clinical social worker. The evaluation is scheduled no sooner than the fifth day after notice, and the written evaluation report must be filed no later than seven days after the examination (O.C.G.A. 29-4-11).

4Guardian ad Litem and Appraisal of RightsThe court may appoint a guardian ad litem to represent the proposed ward's best interest.

The court may appoint a guardian ad litem to represent the proposed ward's best interest. Before granting any powers that remove the adult's rights, the court must consider which rights the adult can still exercise and whether a less restrictive alternative is available or appropriate (O.C.G.A. 29-4-1, 29-5-1).

5HearingThe court holds a hearing, generally not less than ten days after notice is mailed.

The court holds a hearing, generally not less than ten days after notice is mailed. The proposed ward has the right to be present, to be represented by counsel, to present evidence, and to confront witnesses. Incapacity and the need for a guardian or conservator must be proven by clear and convincing evidence (O.C.G.A. 29-4-12, 29-4-1, 29-5-1).

6Appointment and Letters of Guardianship or ConservatorshipIf the standard is met, the court issues an order appointing a guardian and/or conservator using the least restrictive arrangement, specifying which powers are granted and which rights the ward retains.

If the standard is met, the court issues an order appointing a guardian and/or conservator using the least restrictive arrangement, specifying which powers are granted and which rights the ward retains. Letters of guardianship or conservatorship are then issued (O.C.G.A. 29-4-1, 29-5-1).

7Initial Filings After AppointmentWithin 60 days of appointment, a guardian must file a personal status report, and a conservator must file an inventory of the ward's property and an asset management plan (O.C.G.A.

Within 60 days of appointment, a guardian must file a personal status report, and a conservator must file an inventory of the ward's property and an asset management plan (O.C.G.A. 29-4-22, 29-5-30).

How long it takes

Emergency guardian or conservator: days. Standard guardianship or conservatorship petition: roughly four to eight weeks from filing to appointment, driven by the statutory notice, evaluation, and hearing intervals. Reporting obligations continue annually for the life of the guardianship or conservatorship.

Alternatives to consider before guardianship

Durable Financial Power of Attorney

Allows a competent adult to name an agent for financial and property decisions that continues after incapacity (durable by default in Georgia). Established while the person has capacity, it can avoid the need for a conservatorship.

Georgia Power of Attorney Act, O.C.G.A. Title 10, Chapter 6B

Advance Directive for Health Care

Allows a competent adult to name a health care agent and state treatment wishes, avoiding the need for a guardian of the person for medical decisions. Established while the person has capacity.

O.C.G.A. 31-32-1 through 31-32-14

Supported Decision-Making

An adult may rely on trusted supporters to help understand information and communicate choices while retaining all legal rights and making his or her own decisions. Georgia courts must find that less restrictive alternatives are not available or appropriate before ordering a guardianship or conservatorship.

O.C.G.A. 29-4-1, 29-5-1 (less-restrictive-alternatives requirement)

Revocable Living Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a conservatorship over those assets.

Georgia Trust Code, O.C.G.A. Title 53, Chapter 12

Representative Payee

Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits.

42 U.S.C. 405(j)

Joint Bank Account or Conservatorship of Specific Property

Targeted financial tools and limited conservatorships can address specific assets without a full conservatorship, consistent with Georgia's least-restrictive mandate.

O.C.G.A. 29-5-1

Planning ahead: naming a guardian in advance

Naming a guardian in advance: An adult may, while competent, nominate a preferred guardian and conservator to serve if the adult is later found to need one. The court must appoint the nominee unless the nominee is disqualified or the court finds the appointment is not in the adult's best interest. For minors, a parent may nominate a testamentary guardian in a will.

Guardianship costs

Court filing fee: About $150 to $200 in probate court depending on the county.
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Georgia?

Guardianship in Georgia is a court process under O.C.G.A. Title 29 (Guardian and Ward) in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

What are the alternatives to guardianship in Georgia?

Less restrictive alternatives in Georgia include Durable Financial Power of Attorney, Advance Directive for Health Care, Supported Decision-Making, Revocable Living Trust. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Georgia guardianship process take?

Do I need a lawyer to file for guardianship in Georgia?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Georgia courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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Settled Estate is not a law firm and does not give legal advice.

Information current as of June 10, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Georgia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.