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.
 Download
The Annual Personal Status Report.
For Probate Court related forms,
documents, and further assistance, please visit the Georgia
Probate Court website. |
