Georgia Guardianship Laws: Minors, Adults and Conservators (2026)

In Georgia, guardianship is a probate court proceeding under Title 29 of the Official Code of Georgia (O.C.G.A.), "Guardian and Ward," and one code covers both children and adults. A guardian handles the personal side (care, living arrangements, medical consent), while a conservator handles the property side; for an adult, the court may appoint a guardian "only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety," and it must find that need by clear and convincing evidence, with the burden on the petitioner (O.C.G.A. §§ 29-4-1(a), 29-4-12(d)(5)).

Georgia's terms are worth knowing up front. "Court" in Title 29 means the probate court, a "minor" is someone under 18 who is not emancipated, and an "adult" is someone 18 or older or an emancipated minor (§ 29-1-1). Chapter 2 of Title 29 deals with guardians of minors, chapter 3 with conservators of minors, chapter 4 with guardians of adults and chapter 5 with conservators of adults. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Georgia state law on guardianship of minors and adults and on conservators under O.C.G.A. Title 29, the parental power of attorney under O.C.G.A. §§ 19-9-120 to 19-9-133, the kinship caregiver affidavit under § 20-1-16, and related alternatives. It does not cover custody disputes between parents (see Georgia child custody laws), grandparent visitation (see Georgia grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Georgia probate), dependency cases and foster care, which the juvenile court and the Division of Family and Children Services handle on a separate track, or civil commitment and mental-health holds.

Georgia guardianship terms and where the law lives

Georgia rewrote its guardianship law in 2004, and the terms in Title 29 reflect that rewrite. The definitions section explains how the older terms map onto the current ones:

"Conservator" includes a guardian of the property appointed prior to July 1, 2005, but shall not include a conservator of the estate of an individual who is missing or believed to be dead ... "Guardian" means an individual appointed pursuant to the provisions of this title and includes a guardian of the person appointed prior to July 1, 2005, but shall not include a guardian ad litem.

O.C.G.A. § 29-1-1(2), (7)

For minors, Title 29 recognizes several kinds of guardian: natural, testamentary, temporary, standby and permanent (§§ 29-2-1 to 29-2-17). Each is created in a different way, and the differences matter when deciding what a family is actually asking the court for.

How to get guardianship of a child in Georgia

Both parents are a child's natural guardians, and "If one parent of a minor dies, the surviving parent is the sole natural guardian of the minor, even if the parents were divorced and the deceased parent had sole custody of the minor" (§ 29-2-3(c)). Whether a relative such as a grandparent, aunt or uncle can obtain guardianship depends on which route applies.

Temporary guardianship of a minor

A temporary guardianship is the route most often used when a child is living with a relative while a parent is alive. The person who has physical custody of the minor may petition the probate court (§ 29-2-5). What happens next depends on the parents:

• Parents consent. Except as § 29-2-6(f) provides, "if the sole parent or both parents of the minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner" (§ 29-2-6(a)). Under § 29-2-6(f), the probate court may instead transfer any temporary-guardianship petition to the juvenile court, which decides after notice and a hearing whether the guardianship is in the child's best interests.
• A parent objects to the guardianship itself. "If a natural guardian of the minor files a timely objection to the establishment of the temporary guardianship, the court shall dismiss the petition" (§ 29-2-6(d)).
• A parent objects only to the choice of guardian. An objection limited to who should serve leads to a hearing rather than a dismissal, and the court decides based on the minor's best interest (§ 29-2-6).

A temporary guardianship does not end a parent's role. Either natural guardian may petition at any time to end a temporary guardianship, with notice to the temporary guardian. If the guardian does not object within ten days of the notice, the court orders the termination; if the guardian objects, the probate court either hears the objection or transfers the records to the juvenile court, which decides after notice and a hearing whether continuing or ending the guardianship is in the child's best interest (§ 29-2-8(b)).

Permanent guardianship of a minor

A permanent guardian is available only in narrower circumstances. The probate court "shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian" (§ 29-2-14). Any interested person may petition.

The court appoints the person "who will serve the best interest of the minor, considering the following order of preferences" (§ 29-2-16(a)), which includes, among others:

• "The adult who is the preference of the minor if the minor is 14 years of age or older";
• "The nearest adult relative of the minor determined according to Code Section 53-2-1";
• Other relatives, as § 29-2-16(a)(3) and (4) set out;
• "An adult who was designated in writing by either of the minor's natural guardians in a notarized document or document witnessed by two or more persons"; and
• "An adult who has provided care or support for the minor or with whom the minor has lived."

The list guides the court but does not bind it: "The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference" (§ 29-2-16(b)). The court may also consider the statement of a minor under 14.

What a guardian of a minor may decide

"The power of a guardian over the minor shall be the same as that of a parent over a child; the guardian standing in place of the parent" (§ 29-2-21(a)). The guardian arranges the child's support, care, education, health and welfare, and files a personal status report with the court within 60 days after appointment and within 60 days after each anniversary of the appointment (§§ 29-2-21, 29-2-22).

A child's money and property

A guardian of a minor does not automatically control the child's property. A natural guardian generally may not receive the minor's personal property until becoming the minor's legally qualified conservator, with one exception:

provided, however, that when the total value of all personal property of the minor is $15,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property.

O.C.G.A. § 29-3-1(b)

This exception is for a natural guardian (a parent); a temporary, testamentary or permanent guardian may not receive the minor's personal property unless the guardian becomes the minor's legally qualified conservator (§ 29-3-1(d)).

A conservator of a minor must file an inventory and a plan within two months of appointment (§ 29-3-30(a)).

When a minor guardianship ends

"The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered" (§ 29-2-30(a)). If the young person will need a guardian as an adult, the guardian or any other interested person may file a petition within six months before the minor's 18th birthday for a guardianship that takes effect at adulthood (§ 29-2-30(b)). When the guardianship ends, the guardian delivers the minor's money and property to the former minor or the conservator (§ 29-2-30(d)).

Can a parent name a guardian in a will in Georgia?

Yes. "Every parent, by will, may nominate a testamentary guardian for the parent's minor child" (§ 29-2-4(a)). Georgia ties this appointment to a will: a written designation outside a will does not create a testamentary guardian, although a notarized or two-witness writing by a natural guardian is one of the preferences the court considers when it appoints a permanent guardian (§ 29-2-16(a)(5)).

How the nomination takes effect depends on whether the child has another living parent:

• No other living parent. "Unless the minor has another living parent, upon probate of the minor's parent's will, letters of guardianship shall be issued to the individual nominated in the will who shall serve as testamentary guardian without a hearing provided that the individual is willing to serve and no objection is filed" (§ 29-2-4(b)(1)).
• Another parent is living. The rule above applies only when the child has no other living parent; if one parent dies, the surviving parent is the child's sole natural guardian (§ 29-2-3(c)).
• Relatives get notice. Notice goes to the child's close relatives, such as adult siblings and grandparents, as § 29-2-4(b) sets out.
• Objections. A person who receives notice and objects has ten days after service to file an objection stating with reasonable specificity why the nominee is unfit (§ 29-2-4(b)(3)). "If a timely objection is filed, the court shall conduct an expedited hearing within 30 days of the date of the filing of the last objection" (§ 29-2-4(b)(4)).
• The standard. "The court shall award the letters of guardianship to the nominated testamentary guardian unless the objecting party establishes by clear and convincing evidence that the nominated testamentary guardian is unfit to serve as testamentary guardian" (§ 29-2-4(b)(4)).

The rules for making a valid will are a separate subject; see Georgia wills and trusts.

Standby guardianship for a parent facing illness

A standby guardianship lets a parent plan for a time when a health condition prevents the parent from caring for a child. A parent with physical custody of the minor (when the other parent has died, had parental rights terminated, cannot be located or consents), or a court-appointed guardian, may designate a standby guardian in a writing signed before two witnesses who are not the standby guardian, together with the standby guardian's signed consent (§§ 29-2-9, 29-2-11).

The designation takes effect on a written health determination by a physician or nurse practitioner that the parent cannot care for the minor. At that point:

Upon the health determination being made and without the necessity of any judicial intervention, the standby guardian shall assume all the rights, duties, and responsibilities of guardianship of the person of the minor.

O.C.G.A. § 29-2-10(b)

When the health determination is made, the standby guardian must file a notice of the standby guardianship in the probate court of the minor's county of domicile, with copies of the designation and the health determination attached (§ 29-2-10(c)).

The standby arrangement is short-term by design. "Within 120 days of the health determination being made, the standby guardian shall file with the probate court in the county of domicile of the minor a petition seeking temporary guardianship of the minor" (§ 29-2-13(a)), and "Except as otherwise provided, a standby guardianship shall automatically terminate 120 days after the making of the health determination unless the standby guardian has filed a petition for temporary guardianship of the minor, in which case the standby guardianship shall remain in effect, unless otherwise revoked, until the petition is ruled upon" (§ 29-2-13(b)). If the designating parent dies before the court rules on that petition, the standby guardianship ends (§ 29-2-13(c)). The parent's duty to support the child continues (§ 29-2-10(e)).

Letting a relative care for a child without going to court

Georgia has two out-of-court delegation tools, and they are different in scope. Neither is a court order of custody or guardianship.

Power of attorney delegating caregiving authority

Under Georgia's power of attorney statute for children (§§ 19-9-120 to 19-9-133):

A parent of a child may delegate caregiving authority regarding such child to an individual who is an adult, who resides in this state, and who is the grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of such child or is a nonrelative who is approved as an agent by a child-placing agency or a nonprofit entity or faith based organization for a period not to exceed one year, except as provided in Code Section 19-9-132, by executing a power of attorney that substantially complies with this article.

O.C.G.A. § 19-9-122

The limits, as the statute writes them:

• Duration. One year at most, except that "When a power of attorney delegates caregiving authority to a grandparent of a child, it may have an unlimited duration" (§ 19-9-132(a)), and a parent deployed in the military may delegate for the period of deployment plus 30 days (§ 19-9-132(b)).
• Powers that cannot be delegated. The power of attorney may cover the parent's care and custody powers except consent to the child's marriage or adoption, consent to an abortion, and consent to termination of parental rights (§ 19-9-124).
• Signing and filing. It must be "Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation," and a copy must be filed "within ten days of the power of attorney being executed, in the probate court of the county in which the child resides" (§ 19-9-129(a)).
• The other parent. When a parent with sole custody signs, the noncustodial parent receives notice and "may object to the execution of such power of attorney within 21 days of the delivery of such notice ... An objection shall prohibit the action of a power of attorney under this article and the child shall be returned to the individual with sole custody" (§ 19-9-125(b)).
• Court cases. A power of attorney does not change an existing court order, and one signed while a divorce or custody action is pending is void unless both parties agree or the court allows it (§ 19-9-124(a)).
• Revocation. The parent may revoke in writing with notice to the agent by certified mail, return receipt requested, or statutory overnight delivery, and the child must be returned to the parent within 48 hours of the agent receiving the revocation (§ 19-9-130(a)).
• Other limits. A power of attorney may not be signed while the Division of Family and Children Services has an open child welfare case on the child, the parent or another child of the parent (§ 19-9-128); one power of attorney may cover more than one child only if they are siblings or stepsiblings (§ 19-9-131(c)); and a nonrelative agent must provide a criminal background check (§ 19-9-124(e)).

The signing rules for an adult's own financial or health-care power of attorney are separate; see Georgia power of attorney laws.

Kinship caregiver affidavit for school and school-related care

The second tool is narrower. A kinship caregiver, on behalf of a child who lives with the caregiver and is not in the custody of the Division of Family and Children Services, may give legal consent for the child to:

(1) Receive any educational services; (2) Receive medical services directly related to academic enrollment; or (3) Participate in any curricular or extracurricular activities for which parental consent is usually required by executing the affidavit described in Code Section 20-1-18. The affidavit shall not be valid for more than one year after the date on which it is executed.

O.C.G.A. § 20-1-16(a)

The affidavit does not reach general medical care, a parent's contrary decision generally supersedes the caregiver's, and the caregiver must make reasonable efforts to locate a parent first (§§ 20-1-16, 20-1-17). A false statement in the affidavit is false swearing (§§ 20-1-16 to 20-1-18).

How to become guardian of an adult in Georgia

Who can be placed under guardianship

Section 29-4-1 sets the threshold findings and frames the whole adult process:

(a) The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety. ... (c) No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult. ... (f) All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult's actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate.

O.C.G.A. § 29-4-1

House Bill 36, enacted in 2025, added this rule to § 29-4-1: "An adult shall not be presumed to be in need of a guardian solely because of a finding that the adult has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1." If a petition is denied or dismissed on the merits, no guardian may be appointed for that adult within two years unless the petitioner shows a significant change in the adult's condition or circumstances (§ 29-4-1(d)).

The petition

"Any interested person, including the proposed ward, may file a petition for the appointment of a guardian" (§ 29-4-10(a)). The petition goes to the probate court of the county where the proposed ward is domiciled or found, or where jurisdiction is otherwise proper. Among other contents, it must describe any foreseeable limitations on the guardianship, any living will, health care power of attorney, advance directive or other instrument for managing the person in incapacity that the petitioner knows of, the person's spouse and children (or other close relatives or friends) and the nominees (§ 29-4-10(b)).

The petition needs supporting evidence from the start. Under § 29-4-10(c), it "shall be sworn to by two or more petitioners or shall be supported by an affidavit of" a licensed physician, psychologist or licensed clinical social worker, and any affidavit "shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition." House Bill 36 (2025) added physician assistants, psychiatric-mental-health nurse practitioners and clinical nurse specialists, and professional counselors to the list of professionals who may sign that affidavit.

Notice and the right to a lawyer

The court first reviews the petition for probable cause. If it goes forward, the court must notify the proposed ward by serving all pleadings, and that notice must:

(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; ... (D) Inform the proposed ward of the proposed ward's right to independent legal counsel and that the court shall appoint counsel within two days of service unless the proposed ward indicates that he or she has retained counsel in that time frame;

O.C.G.A. § 29-4-11(c)(1)

The notice also tells the proposed ward about the right to attend the hearing, the rights that may be lost, and the time and place of the evaluation (§ 29-4-11(c)). The court also mails notice of the petition to the spouse, children or other relatives or friends, and nominees named in the petition (§ 29-4-11(c)(3)).

The evaluation

The court appoints an independent evaluator, who must be someone other than the professional who signed the petition's affidavit, to examine the proposed ward and file a sworn written report, which the court serves on the proposed ward, the proposed ward's lawyer and any guardian ad litem (§ 29-4-11(d)). House Bill 36 (2025) widened the list of professionals who may serve as evaluators in the same way it widened the affiant list. The evaluation may not be set sooner than the fifth day after service of notice on the proposed ward, and the written report must be filed no later than seven days after the evaluation (§ 29-4-11(d)(3), (4)). The proposed ward may remain silent at the evaluation, and the proposed ward's lawyer may attend and "may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing" (§ 29-4-11(d)).

The hearing and the burden of proof

If the court finds probable cause after reviewing the evaluation report, it schedules a hearing, and the hearing may not be held less than ten days after notice of it is mailed (§ 29-4-12(c)). At the hearing, the court applies the § 29-4-1 criteria:

The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed or argument and evidence presented by the proposed ward. The burden of proof shall be upon the petitioner.

O.C.G.A. § 29-4-12(d)(5)

At the hearing, the proposed ward may also challenge the evaluation's results and conclusions and the evaluator's qualifications, experience or abilities, whether or not the proposed ward's lawyer raised those points in a written response (§ 29-4-12(d)(4)).

House Bill 36 (2025) added a specific rule for a proposed ward with a developmental disability: "the court shall not find that there is a need for a guardianship unless the evidence shows by clear and convincing evidence that, due to such developmental disability or disabilities and other factors that may be present, the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety" (§ 29-4-12(d)(6)).

Limited or full guardianship

Georgia builds limited guardianship into the order itself. The court's order must state the powers the ward keeps and the limits on the guardianship (§ 29-4-13). If the order is silent, the default is broad:

Unless the court's order specifies that one or more of the following powers are to be retained by the ward, the appointment of a guardian shall remove from the ward the power to: (1) Contract marriage; (2) Make, modify, or terminate other contracts; (3) Consent to medical treatment; (4) Establish a residence or dwelling place; (5) Change domicile; (6) Revoke a revocable trust established by the ward; and (7) Bring or defend any action at law or equity, except an action relating to the guardianship.

O.C.G.A. § 29-4-21(a)

Appointing a guardian does not by itself revoke the powers of a health care agent the adult named earlier in a durable power of attorney for health care or an advance directive for health care (§ 29-4-21(b)).

Because § 29-4-1(f) limits every guardianship to "the extent necessitated by the adult's actual and adaptive limitations," the order is the place where a guardianship is tailored.

Who serves as guardian of an adult

"Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Services is appointed pursuant to subsection (b.1) of Code Section 29-4-3" (§ 29-4-2(a)). A person may not serve who is a minor, a ward or a protected person, who has a conflict of interest with the adult (unless the court finds the conflict insubstantial or the appointment in the adult's best interest), or who is an owner, operator or employee of a long-term care or other caregiving facility where the adult receives care (unless related to the adult by blood, marriage or adoption), among the bars § 29-4-2 sets out.

Eligible individuals "have preference in the following order" (§ 29-4-3(b)):

1. The individual last nominated by the adult, in a writing that meets § 29-4-3(c), including signature before two witnesses;
2. The adult's spouse, or an individual the spouse nominates;
3. An adult child, or an individual an adult child nominates;
4. A parent, or an individual a parent nominates;
5. A guardian appointed during the adult's minority;
6. A guardian previously appointed in Georgia or another state;
7. A friend, relative or any other individual;
8. Any other person, including a volunteer to the court; and
9. The county guardian.

The court may depart from this order, though it may pass over the adult's own nominee only for good cause (§ 29-4-3). If no one else is available, the court may appoint a registered public guardian and, failing that, the Department of Human Services (§ 29-4-3(b.1)). A public guardian "shall visit the ward at least four times per year and more often as necessary," and "A public guardian who is an individual shall serve no more than five wards at any one time. A public guardian that is an entity shall serve no more than 30 wards at any one time" (§ 29-10-7(e), (f)).

What a Georgia guardian can decide, and the rights the ward keeps

A guardian of an adult has custody of the person, sets the ward's place of dwelling within Georgia, gives consents for medical and professional care (subject to the health-care laws in Title 31), and holds the other powers § 29-4-23(a) lists for the ward's support, care, education, health and welfare. The guardian must consider the ward's expressed desires, encourage the ward to participate in decisions and keep in contact with the ward (§ 29-4-22).

Some decisions need a specific grant from the court. Under § 29-4-23(b), the court may specifically grant the powers:

(1) To establish the ward's place of dwelling outside this state; ... (4) To bring an action for the divorce of the ward based on any of the grounds listed in Code Section 19-5-3, except on the ground that the marriage is irretrievably broken; (5) To consent to the adoption of the ward;

O.C.G.A. § 29-4-23(b)

Section 29-4-23(b) also covers changing the ward's domicile, receiving compensation and disclaiming property. "Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the ward" (§ 29-4-23(c)).

The ward keeps the rights § 29-4-20 lists, including the right to:

(6) The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences; and (7) Be restored to capacity at the earliest possible time.

O.C.G.A. § 29-4-20(a)

"The appointment of a guardian is not a determination regarding the right of the ward to vote" (§ 29-4-20(b)), and appointment is not a determination of testamentary capacity either (§ 29-4-20(c)).

Annual reports

A guardian of an adult must, "Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the ward and to the conservator, if any, a personal status report concerning the ward" (§ 29-4-22(b)(9)). The report describes the ward's general condition, changes since the last report and needs; all of the ward's addresses and living arrangements during the period; funds the guardian received and spent; and recommendations for changes to the guardianship order. The guardian must also promptly notify the court of changes in the ward's condition and of conflicts of interest (§ 29-4-22(b)(10), (11)).

Emergency guardianship and temporary medical consent

Emergency guardian of an adult

An emergency guardianship is for an immediate threat. The petition must allege an immediate and substantial risk of death or serious physical injury, illness or disease, explain why the regular procedure is not appropriate, and state that no one else has the authority and willingness to act (§ 29-4-14). If the court finds probable cause, it appoints counsel for the proposed ward, orders an evaluation to be conducted within 72 hours of its order, and sets an emergency hearing not sooner than three days nor later than five days after the petition is filed, at which the petitioner must prove the need by clear and convincing evidence (§§ 29-4-15(c), 29-4-16(a)). An emergency guardian's powers are limited to those that are absolutely necessary (§ 29-4-16(b)). Under House Bill 36 (2025), when the proposed ward has a developmental disability, the court must find by clear and convincing evidence both a lack of capacity due to the disability and the immediate and substantial risk.

The emergency guardianship ends on the earliest of these events:

(A) The court's removal of the emergency guardian, with or without cause; (B) The effective date of the appointment of a guardian; (C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a guardian; (D) The date specified for the termination in the order appointing the emergency guardian; (E) Sixty days from the date of appointment of the emergency guardian, provided that the court had jurisdiction to issue such order under paragraph (1) of Code Section 29-11-12; or (F) Ninety days from the date of appointment of the emergency guardian, provided that the court had jurisdiction to issue such order under paragraph (2) or (3) of Code Section 29-11-12.

O.C.G.A. § 29-4-16(b)

Temporary medical consent guardian

When a single medical decision is needed and no one can make it, Georgia has a narrower option. A "temporary medical consent guardian" is "an individual appointed pursuant to the provisions of this Code section for a limited time and only for the purposes of consenting to surgical or medical treatment or procedures not prohibited by law" (§ 29-4-18(a)(6)). The petition is available only "In the absence, after reasonable inquiry, of a person authorized or willing to consent for the proposed medical consent ward under the provisions of Code Section 31-9-2," and any interested person, including the proposed medical consent ward, may file it (§ 29-4-18(b)). The petition must state the decisions needed and the anticipated duration (§ 29-4-18(c)). If the court finds probable cause, it immediately appoints counsel for the proposed medical consent ward and orders a preliminary hearing within 72 hours after the petition is filed (§ 29-4-18(d)). The appointment ends on the earliest of the guardian's removal, the appointment of a permanent guardian, the end of the current hospitalization or a substantially continuous stay in another health care facility, or 60 days after appointment (§ 29-4-18(j)), and a temporary medical consent guardian may not withdraw life-sustaining procedures unless the court specifically authorizes it (§ 29-4-18(i)).

How a Georgia guardianship ends or rights are restored

Upon the petition of any interested person, including the ward, or upon the court's own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and property rights to the ward. ... The court shall appoint legal counsel for the ward and may, in its discretion, appoint a guardian ad litem.

O.C.G.A. § 29-4-42(a)

The petition must be supported by two affidavits or by a qualifying professional's affidavit, and the court screens it for probable cause, orders an evaluation and holds a hearing (§§ 29-4-40 to 29-4-42). The standard is lower than the one used to impose a guardianship: "In any proceeding under this Code section, the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the guardianship" (§ 29-4-42(c)). If a termination petition is denied or dismissed on the merits, the court will not allow another within two years unless the petitioner shows a significant change in the ward's condition or circumstances (§ 29-4-42(d)). The ward's death also ends the guardianship.

Conservators: managing an adult's property

A conservator is the property-side counterpart. "The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property" (§ 29-5-1(a)), and only if the appointment is in the adult's best interest (§ 29-5-1(c)). As with guardianship, House Bill 36 (2025) provides that a developmental disability alone does not create a presumption that a conservator is needed.

The main safeguards:

• Bond. "A conservator appointed by the court ... shall give bond with good and sufficient security" (§ 29-5-40(a)); certain banks and trust companies are exempt under the conditions § 29-5-40(b) sets.
• Inventory and plan. "Within two months of appointment, the conservator shall file with the court and provide to the ward's guardian, if any, an inventory of the ward's property and a plan for managing, expending, and distributing the property" (§ 29-5-30(a)).
• Annual return. "Each year, within 60 days of the anniversary date of qualification," every conservator must file a sworn annual return with the court (§ 29-5-60(a)).
• Selling property. Apart from the property § 29-5-35(a) and (b) cover, a conservator must petition the court to sell, rent, lease, exchange or otherwise dispose of the ward's property; the court appoints a guardian ad litem for the ward, and when real property is to be converted to personal property the conservator must post additional bond for the anticipated net proceeds before the closing (§ 29-5-35(c) to (e)).
• Ending a conservatorship. Termination follows the same pattern as guardianship, with the burden on the petitioner by a preponderance of the evidence (§ 29-5-72).

Alternatives to guardianship in Georgia

Georgia's statute requires the court to look at alternatives before ordering a guardianship: a guardianship may be ordered only "after a determination that less restrictive alternatives to the guardianship are not available or appropriate" (§ 29-4-1(f)), and the petition must disclose any living will, health care power of attorney, advance directive or other instrument for managing the person in incapacity that the petitioner knows of (§ 29-4-10(b)(6)).

Powers of attorney and advance directives. A financial power of attorney or an advance directive for health care, signed while a person still has capacity, can name the people who will act later. The signing rules are on our Georgia power of attorney laws page. Free drafting tools are available for a Georgia power of attorney and a Georgia advance directive; a tool is not legal advice, and any document must be signed under the Georgia rules on the power of attorney page.

Family consent to medical treatment. Georgia's medical consent statute lets family members consent for an adult who cannot consent, after the adult's own health-care agent and spouse. When an adult is unable to consent "and in the absence of any person to consent under paragraphs (1.1) through (5) of this subsection," the priority continues with "(A) Any adult child for his or her parents; (B) Any parent for his or her adult child; (C) Any adult for his or her brother or sister; (D) Any grandparent for his or her grandchild; (E) Any adult grandchild for his or her grandparent," followed by others the statute lists (§ 31-9-2(a)(6)).

Supported decision-making. The adult guardianship chapter of Title 29 (chapter 4) does not set up a supported decision-making agreement; the related protection inside that chapter is the § 29-4-1(f) requirement that less restrictive alternatives be considered first. Georgia's organ-transplant anti-discrimination statute, § 31-1-24, mentions supported decision-making services as a kind of assistance for a person with a disability, but it is not a law creating supported decision-making agreements.

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Georgia with an adult guardianship

Georgia adopted the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act" as Title 29, chapter 11 (§ 29-11-1). It sets which state's court has jurisdiction (§ 29-11-12) and provides a procedure for transferring a guardianship or conservatorship to or from another state (§§ 29-11-20, 29-11-21).

A guardian appointed elsewhere may also register the order in Georgia:

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

O.C.G.A. § 29-11-30(a)

Registration is available only for orders from states that adopted the same act: "The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act' in substantially the same form as this chapter" (§ 29-11-30(c)(1)).

Chapter 11 covers adults. For a child, a guardian appointed by a court in another state may petition the probate court of the county where the minor lives for receipt and acceptance of the foreign guardianship (§ 29-2-65(b)).

Georgia guardianship at a glance

Related Georgia pages

• Guardianship laws by state
• Georgia power of attorney laws
• Georgia grandparents' rights
• Georgia child custody laws
• Georgia probate
• Florida guardianship laws

This article provides general legal information about Georgia guardianship law, not legal advice. Guardianship cases turn on their facts and on local probate court practice. For advice about a specific situation, contact a lawyer licensed in Georgia or the probate court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Georgia?

If a parent is living, the usual route is a temporary guardianship: the person with physical custody petitions the probate court, the court generally grants it without a hearing if the sole parent or both parents give notarized written consent (unless the court transfers the petition to the juvenile court, § 29-2-6(f)), and a natural guardian's timely objection to the guardianship requires dismissal (O.C.G.A. §§ 29-2-5, 29-2-6). A permanent guardian may be appointed only for a minor who has no natural, testamentary or permanent guardian (§ 29-2-14).

Can a parent name a guardian for a child in a Georgia will?

Yes. Every parent may nominate a testamentary guardian by will (O.C.G.A. § 29-2-4(a)). If the child has no other living parent, letters issue on probate of the will without a hearing if the nominee is willing and no objection is filed; after an objection, the nominee is appointed unless the objector proves by clear and convincing evidence that the nominee is unfit (§ 29-2-4(b)).

How long does a Georgia power of attorney for a child last?

Up to one year when given to a listed relative or approved nonrelative, except that a power of attorney to a grandparent may have an unlimited duration and a deployed military parent may delegate for the deployment plus 30 days (O.C.G.A. §§ 19-9-122, 19-9-132). It must be notarized, signed by the parent and the agent, and filed in the probate court within ten days (§ 19-9-129).

What must be proved to get guardianship of an adult in Georgia?

The petitioner must show by clear and convincing evidence that the adult lacks sufficient capacity to make or communicate significant responsible decisions about health or safety, that guardianship is in the adult's best interest, and that less restrictive alternatives are not available or appropriate (O.C.G.A. §§ 29-4-1, 29-4-12(d)(5)).

Does the person get a lawyer in a Georgia guardianship case?

Yes. The court must appoint counsel within two days of service on the proposed ward unless the proposed ward has retained counsel in that time (O.C.G.A. § 29-4-11(c)(1)(D)), and it must appoint counsel for the ward in a proceeding to end the guardianship (§ 29-4-42(a)).

What rights does a ward lose under a Georgia guardianship?

Unless the court order says the ward keeps them, appointment removes the power to marry, make contracts, consent to medical treatment, choose a residence, change domicile, revoke a revocable trust and bring or defend most lawsuits (O.C.G.A. § 29-4-21(a)). Appointment does not by itself revoke the powers of a health care agent the adult named earlier (§ 29-4-21(b)). Appointment is not a determination of the right to vote (§ 29-4-20(b)).

How long does an emergency guardianship last in Georgia?

It ends on the earliest of several events, including the appointment of a regular guardian or the end date in the order, and in any case no later than 60 days after appointment when the court acted on home-state jurisdiction or 90 days when it acted under paragraph (2) or (3) of § 29-11-12 (O.C.G.A. § 29-4-16(b)).

How can a guardianship of an adult be ended in Georgia?

Any interested person, including the ward, may petition, and the court may also act on its own motion; the court appoints counsel for the ward, and the petitioner must show by a preponderance of the evidence that there is no longer a need for the guardianship (O.C.G.A. § 29-4-42).

Does Georgia have a supported decision-making agreement law?

Georgia's adult guardianship chapter (O.C.G.A. Title 29, chapter 4) does not create a supported decision-making agreement. It instead requires the court to find that less restrictive alternatives are not available or appropriate before ordering a guardianship (§ 29-4-1(f)).