To seek adult guardianship in Georgia, you file a petition in probate court and present evidence that the adult lacks sufficient capacity to make or communicate significant, responsible decisions about health or safety and that guardianship is needed for their well-being.
At Stephen H. Hagler, LLC, we help Augusta-area families prepare guardianship petitions and navigate the probate process when a loved one may need help making important personal decisions.
What Does the Probate Court Need to Decide?
Georgia’s Division of Aging Services notes that a developmental disability or mental illness alone isn’t enough to establish incompetence. The court looks at the person’s ability to make informed decisions and the risk of harm if they can’t provide for themselves or manage their affairs.
Guardianship generally addresses personal care and health decisions. Conservatorship addresses property and finances.
What Do You Need to File a Georgia Guardianship Petition?
In Richmond County, two or more petitioners must generally file together. If only one person files, the petition must include an affidavit from a physician, psychologist, or licensed clinical social worker based on an examination within 15 days before filing.
That timing can create a real filing problem if the evaluation happens too early or the paperwork is incomplete. We can help you identify what the court requires before you file.
What Happens After You File in Richmond County?
The Richmond County Probate Court requires several steps before the judge decides the case:
- The court arranges an evaluation by a physician, psychologist, or licensed clinical social worker
- The Richmond County Sheriff serves the proposed ward with the petition
- The court appoints an attorney unless the proposed ward retains counsel as permitted
- Required interested parties receive notice
- The court schedules a hearing after service and notice are complete
At the hearing, the judge reviews the evidence and decides whether guardianship is necessary and what authority, if any, should be granted.
What Happens If the Court Appoints a Guardian?
After an appointment order, the guardian takes the oath of office before letters of guardianship are issued. Richmond County also requires a first Personal Status Report within 60 days of appointment and another report each year.
Guardianship focuses on personal care and well-being. Financial management generally requires a conservatorship.
Steve Hagler has practiced law in Augusta and the surrounding area since 1991 and has served as guardian ad litem for incapacitated adults in guardianship cases. As an Augusta guardianship lawyer, he can help you prepare the petition, address court requirements, and present your family’s case.
FAQ About Adult Guardianship in Georgia
Does dementia or another diagnosis automatically mean someone needs a guardian?
Not necessarily. The court reviews the person’s capacity and the evidence showing why guardianship is needed rather than relying on the diagnosis alone.
Can one person file for guardianship in Richmond County?
Yes, but a single petitioner must include the qualifying professional affidavit described above, based on an examination within 15 days before filing.
Talk With Stephen H. Hagler, LLC About Adult Guardianship in Georgia
If you’re worried that a loved one can’t safely make important personal or health decisions, get clear guidance before filing. Contact Stephen H. Hagler, LLC in Martinez to discuss the petition, court requirements, and your family’s situation.
Posted on behalf of Stephen H. Hagler, LLC