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Guardianship and Conservatorship of an Adult

General Information

The Probate Court is located on the main floor of the Gwinnett Justice and Administration Center (click for directions) located at 75 Langley Drive, Lawrenceville, Georgia 30046. The office accepts filings Monday through Friday, excluding holidays, from 8:00 a.m. to 4:30 p.m.

All pleadings filed with the Gwinnett County Probate Court by mail must be signed, verified, and have the appropriate filing fees. Pleadings without fees will be returned without filing. Mail all pleadings to:

  Gwinnett County Probate Court
Estate Division
75 Langley Drive
Lawrenceville, GA 30046

 

In which county do I file my Petition for guardianship and conservatorship of an adult?

Petitions for the Appointment of a Guardian and Conservator of an Adult are filed in the proposed ward’s county of domicile or in the county where the proposed ward is found.

 

When is a Petition for guardianship and conservatorship of an adult required?

In Georgia, The Probate Court may grant guardianship of an adult who is found by the court to lack sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety, and may grant conservatorship of an adult who is found by the court to lack sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property.

Petitions may be filed once a proposed ward has turned 17½ years of age.

 

What is the procedure for becoming a guardian or conservator of an adult?

After your petition is filed, the court will appoint an attorney for the proposed ward, schedule an evaluation by a court-appointed evaluator, and schedule a hearing.

All conservators are required to post a bond prior to their appointment. A bond is an insurance policy to ensure that the ward’s funds are protected in the event that the appointed conservator mishandles the assets. The court will set the amount of the bond based on the value of the liquid assets of the ward. Insurance companies write bonds based on a credit check. We suggest that you start with your auto or homeowners insurance company and if they are not able to write surety bonds, you may request a list of insurance companies at the time your petition is filed.

The Court will appoint co-guardians and co-conservators if the appointments are in the best interest of the ward.

 

What if I am not approved for a bond?

If you are not approved for a bond, you may file a motion with the court requesting the appointment of a county conservator; or if the court does not receive your bond within 60 days of the date of your appointment, the court will automatically appoint a county conservator.

 

What are my responsibilities as guardian and conservator?

Guardians are required to file a Personal Status Report within 60 days of the date of their appointment. Thereafter, guardians must file a Personal Status Report each year within 60 days of the anniversary date of their appointment.

Conservators are required to file an Inventory and Asset Management Plan within 60 days of the date of their appointment. Thereafter, conservators must file an Inventory and Asset Management Plan and Annual Return each year within 60 days of the anniversary date of their appointment.

Handbook for Guardians/Conservators

 

When does the guardianship and conservatorship end?

A guardianship of an adult ward ends automatically when the adult ward dies.

A conservatorship of an adult ward ends when the ward dies, when a ward’s rights are restored, or when the ward’s assets no longer justify management by a conservator. In order to close a conservatorship and be relieved from liability under the bond, the conservator must file a Petition for Discharge.

 

What if I am a guardian or conservator for an adult but I am no longer able to serve?

If you have been serving as a guardian or conservator for an adult and no longer wish to serve, you may file a Petition for Resignation seeking the appointment of a successor.

 

How much does it cost to file a Petition for the Appointment of a Guardian and Conservator for an Adult?

Prior to mailing in or filing your petition in our office, please contact the estate clerk at (770) 822-8350 for the current filing fees. All fees are due at the time of filing. The Probate Court accepts cash, credit cards (Visa, Discover, MasterCard), personal check, or money order.

 

Standard Georgia Probate Forms (Form 12)

Non-Standard Forms and Instructions

Annual Return
Inventory / Asset Management Plan / Questionnaire
Personal Status Form


For detailed information regarding the court process, definitions, and the responsibilities and duties of a guardian and conservator, please visits the Georgia Probate Court’s website at www.gaprobate.org