Guardianship in Georgia
Guardianship refers to having legal custody of, or decision-making authority over, another person. Guradianships in Georgia are typically sought to allow a capable and trustworthy person to act in the best interests of a person of limited mental capacity such as a child or special needs adult. Temporary guardianship such as an "emergency proxy guardianship" is another option for certain situations.
Guardianships are processed through a Probate Court. Filing a guardianship petition requires that the petition be sworn to by two petitioners. One of the sworn petitioners must be a psychologist, physician, or licensed clinical social worker (LCSW) who has examined the person for whom the guardianship is sought within the last fifteen days.
Common Guardianship Questions
Reversal of Guardianship in Georgia is possible, and may be referred to as "Termination of Guardianship". The guardianship change process also includes a transfer of guardianship when a case such as a person transferring guardianship of a parent to a sibling, and emancipation whereby a minor child is legally released form guardianship to assume the role of an independant adult.
Grandparents Seeking Guardianship are increasing in number. The rising divorce rate, unfit parents, incarcerated parents and other compelling reasons can persuade a judge to award guardianship to grandparents.
If you need a family law attorney for guardianship issues, we encourage you to contact our law firm by calling 770-604-9292 or click the button below to contact us online.
About Guardianships
Guardianship grants legal custody to a person for the personal care and protection of another person. A guardianship can be assigned for the guardianship of a minor child and for adults with diminished mental faculties or disabilities. A guardianship enables the guardian to assume what would generally be deemed as "parental decision making authority".
Temporary Guardianship
A temporary guardianship is a legal option that can prevent a child from being placed in foster care. A temporary guardianship would be appropriate for situations such as a grandparent assuming guardianship of a child whose parent are incarcerated, missing or otherwise unavailable to raise or care for the minor child.
Adult Guardianships
Adult guardianships are becoming more common as the population ages and people are unable to afford retirement center expenses for aging parents. An adult guardianship assigns to a person the ability to make life decisions for an adult who is not of sound mind, is incapacitated or otherwise unable to function coherently.
Related considerations for persons contemplating adult guardianships are Living Wills and Durable Powers of Attorney for Health Care, Placement Decisions and Procedures, Financial Power of Attorney, Georgia Advance Directive for HealthCare, Living Trusts, and Representative Payee Status which addresses the reassignment of payee for various benefits.
Emancipation of Minors
Emancipation of a minor is effectively the direct opposite of guardianship. The emancipation of a minor transfers the full rights of adulthood to the minor child thereby enabling them to live on their own, make their own life decisions and be completely independent of another’s authority. The reasons for emancipation vary.
