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)
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 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
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
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
File Petition in Probate Court
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).
Probable Cause Review and Notice
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).
Court-Ordered Evaluation
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).
Guardian ad Litem and Appraisal of Rights
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).
Hearing
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).
Appointment and Letters of Guardianship or Conservatorship
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).
Initial Filings After Appointment
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
Emergency guardianship and planning ahead
Emergency guardianship: It lasts An emergency guardianship terminates no later than 60 days after appointment if the court took jurisdiction under paragraph (1) of O.C.G.A. 29-11-12, or 90 days if jurisdiction was under paragraph (2) or (3) of that section. Upon consent of the petitioner and the proposed ward, the court may grant a continuance not to exceed 30 days. An emergency guardianship also ends earlier on removal of the emergency guardian, appointment of a permanent guardian, dismissal of the petition, or the date the appointing order specifies.
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.
Frequently asked questions
What is guardianship in Georgia?
What are the alternatives to guardianship in Georgia?
How long does the Georgia guardianship process take?
Do I need a lawyer to file for guardianship in Georgia?
Statutes and sources
Not sure guardianship is the right step?
Guardianship is a court process that removes a person's legal rights, so Georgia courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.
Information current as of June 10, 2026
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.