Houston County Probate Court - Guardianship and Conservatorship of Incapacitated Adults

Guardianship/Conservatorship of Incapacitated Adults

Useful Information

Alternatives to Adult Guardianship in Geogia (coming soon)
Proceeding Pro in Probate Court

Emergency Guardian and/or Conservator of Incapacitated Adult

In situation or circumstances that pose an immediate danger to the ward or to the ward's estate, an emergency guardian may be appointed by the Court. Emergency guardians may do only those things which may be reasonably necessary to protect the ward or his estate from the described danger, and the powers and duties of the described danger, and the powers and duties of the emergency guardian are generally specified in the Court's order. Unless an earlier termination date is set in the Court's order, the emergency guardianship terminates in 45 days from the date of the order. If a guardian/conservator is still needed, a new petition will need to be filed. Under the New Title 29 of the Official Code of Georgia, there is no provision for an emergency guardianship to roll into a permanent guardianship. These are two separate actions and separate filing fees.

Guardians and/or Conservators of Incapacitated Adults

In Georgia, the Probate Courts may grant guardianship or conservatorship of an adult resident of the state (or one located in this state) who, because of physical or mental illness or disability, detention by a foreign power, or other just cause, lacks sufficient understanding or capacity to make significant responsible decisions concerning his person (or is incapable of communicating those decisions) AND/OR is incapable of managing his estate or property which is likely to be wasted or dissipated unless proper management is provided.

Requirements to file Petition

You must have two petitioners or one petitioner and the alleged incapacitated adult's doctor's affidavit (form is included with petition) to file a petition for guardianship/conservatorship.

You may file this petition pro se (without an attorney). If you have any questions other than procedural questions, you will need to contact an attorney for that legal advice.

We strongly encourage you to contact an attorney anyway to make sure that this is what you need to do for your situation as there may be an alternative to the guardianship/conservatorship for your circumstances. An attorney also will be able to explain your rights and responsibilities as a guardian/conservator such as posting bond, filing inventories, annual returns, and personal status reports and explain the consequences should the guardianship/conservatorship not be handled properly.

Filing Fees

Initial Filing Fee:	$150.00 (There will be a remaining balance of approximately)
	$100.00 that will have to be paid after the hearing)
	Total Initial Filing Fee	$150.00

Professional Fees:	Doctor Fees
	Appointment at Doctor’s Office:	$100.00
	-or-
	Doctor visit’s ward at Hospital or Nursing Home:	$150.00

	Attorney Fees
	Appointment of Attorney:	$125.00

	Total Professional Fees	$225.00 *
(*based on Doctor Office Appointment – add $25.00 if they are in Hosp. or Nursing Home)

For further information on the Creation of Conservatorships/Guardianships of Adults, email Kim Willson at kwillson@houstoncountyga.org

For questions regarding Inventories, Assets Management Plans, Annual Returns, Leave to Sells and Discharges, contact Lynn Elvins at lelvins@houstoncountyga.org

Houston County, Georgia