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Henry County, GA
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Henry County, GA
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Henry County, GA

Henry County, GA

Contact henry County Government
99 Sims Street
McDonough, GA 30253
Tel: (770) 288-7600
TTY: (770) 288-6818
Fax: (770) 288-7616

Hours:
Mon-Fri: 8:00am-4:30pm
*Gun permit applications are accepted Mon-Fri: 8:00am-3:45pm
*Passport applications are accepted by appointment only

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Henry County Probate Court

Guardianships

Estate & Guardianship Cases


Please note that we will be unable to personally meet with customers regarding Estate and Guardianship cases on Wednesdays after 12:00 noon. You are welcome to file your pleading(s) with the receptionist, however, you will be unable to speak with a Probate Clerk. Please feel free to call and leave a message, however, your call may not be returned for up to 48 hours (excluding weekends, holidays and furlough days). Also, please make sure to include your name, phone number and case number (if applicable) when leaving a message.

Handbook for Guardians and Conservators of Minors and Adults:

Conservatorship and guardianship videos for adults and children (also available in Spanish) can be viewed at the Georgia Probate Court website.




Incapacitated Adults

Do I need a guardian in place if I have a power of attorney?
It depends on what type of power of attorney that you have. If it is a durable power of attorney for health purposes along with a durable power of attorney for financial purposes, there may be no need for the court to intervene. If the power of attorney is a general power of attorney, you will probably need to petition the court for authority.

In what county do I need to file the guardianship petition?
Usually the petition will be filed in the ward's county of residence, but it will depend on the length of stay where he/she is domiciled presently, i.e., a nursing home resident will usually be filed in the county where the nursing home is located.

What authority will the guardian have, once appointed?
The guardianship consists of two distinct responsibilities - guardian of person, and guardian of property. There could be one person appointed for both or it could be divided. It is possible to have a guardian of the property and not of the person. The guardian of the person makes decisions regarding health and living arrangements etc. The guardian of the property makes decisions regarding finances.

Why is the cost so high for an adult guardianship petition?
Because of the taking away of certain rights of adult individuals, the law requires safeguards. An attorney will be appointed to represent the desires of the proposed ward, an attorney will be appointed to represent the best interest of the ward, and a doctor will be appointed to examine the proposed ward with a written report to the court. No guardianship will be put in place unless the court finds that there is not an alternative, or that it is absolutely necessary.

Guardianship of Minors

Can I get a guardianship for my nephew/niece/grandchild in order for him/her to go to a better school?
No. The status of guardian is more than a mere permission order, but is a transfer of parental authority and responsibility to the person appointed. It is a grave thing and the court must find a need for another person to care for the child, not just a desire for changing schools.

Is a guardianship for a minor permanent?
No, it will terminate when the child reaches the age of majority (currently 18 years of age). The temp. guardianship shall terminate upon either parent demanding it in the probate court.

Why do I need a guardianship of my own child?
The law requires that all estates of children and incompetent adults be overseen by the probate court in order to protect the value of the estate. Because the child does not have the capacity to make financial decisions (according to the law), there must be a guardian answerable to the court when the child receives assets.



Adobe AcrobatDownload The Minor Personal Status Report.

Adobe AcrobatDownload The Adult Personal Status Report.



For Probate Court related forms, documents, and further assistance, please visit the Georgia Probate Court website.

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Last updated: Friday August 09 2013


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Henry County, Georgia - Board of Commissioners - County Government