Guardianship and conservatorship in Georgia: who, where, cost

How a court can name a guardian or conservator in Georgia, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian (of the person), conservator (of property); emergency guardian or conservator; temporary medical consent guardian.

Court: Probate court of the county, generally where the proposed ward lives.

What guardianship or conservatorship is

What it is called

Guardian (of the person), conservator (of property); emergency guardian or conservator; temporary medical consent guardian

When a court may appoint one

The petitioner must prove by clear and convincing evidence that the adult lacks sufficient capacity to make or communicate significant responsible decisions about their health or safety (for a guardian) or about managing their property (for a conservator). Georgia law tells probate judges to encourage self-reliance and independence and to consider less restrictive alternatives first.

Law: O.C.G.A. §§ 29-4-1, 29-5-1

Kinds

Guardian of an adult
Conservator of an adult
Emergency guardian or conservator
Temporary medical consent guardian

Law: O.C.G.A. §§ 29-4-1, 29-4-10, 29-5-1, 29-5-10

Who can ask, which court and your own choice

Who may ask

Any interested person may file. Unless there are two or more petitioners, the petition must include an affidavit from a physician, licensed psychologist or licensed clinical social worker who examined the proposed ward within 15 days before filing.

Source: GPCSF 12 instructions

Court

Probate court of the county, generally where the proposed ward lives.

Law: O.C.G.A. Title 29, Chapters 4, 5 and 11

Choosing your own

You can nominate a conservator in your financial power of attorney; the court must follow your most recent nomination unless there is good cause or disqualification. Part Three of the Georgia Advance Directive for Health Care lets you nominate a guardian.

Law: O.C.G.A. 10-6B-8(a)

Effect on a power of attorney

Unless the power of attorney or the court says otherwise, appointing a conservator ends the parts of a power of attorney that cover matters within the conservatorship; if any part continues, the agent must account to the conservator as well as to you. An advance directive for health care stays in effect after a guardian is appointed unless the court specifically orders otherwise.

Law: O.C.G.A. 10-6B-8(b)

Source: DHS guide

Cost, fee waiver and forms

Forms: GPCSF 12 Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward
GPCSF 11 Petition for the Appointment of an Emergency Guardian and/or Conservator
GPCSF 36 Petition for the Appointment of a Temporary Medical Consent Guardian
GPCSF 58 Adult Conservatorship Inventory and Asset Management Plan
GPCSF 65 Petition for Termination of Guardianship/Conservatorship and Restoration of Rights
Steps: Steps

Other options and where to report abuse

Supported decision-making

Georgia has no supported decision-making law.

Less restrictive options

Georgia Advance Directive for Health Care: Names a health care agent, records treatment wishes and can nominate a guardian.
Do not resuscitate order: A medical order about CPR, signed by a physician with consent.
Durable financial power of attorney: Names an agent for money and property.
Living trust: Property is held and managed in a trust.
Supported decision-making: Trusted supporters help the person reach their own decisions.

Report abuse or exploitation

Georgia DHS Division of Aging Services, Adult Protective Services · 1-866-552-4464

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: O.C.G.A. § 29-4-1(f)

Free help in Georgia

Report abuse or exploitation

Georgia DHS Division of Aging Services, Adult Protective Services · 1-866-552-4464

Questions about powers of attorney in Georgia

How does guardianship or conservatorship work in Georgia?

What are the alternatives to guardianship in Georgia?

Georgia Advance Directive for Health Care; Do not resuscitate order; Durable financial power of attorney; Living trust; Supported decision-making.

More for Georgia

Federal rules everywhere

These rules come from federal law and apply in every state.

Social Security and SSI — A power of attorney does not let the agent handle someone's Social Security or SSI payments. The Treasury Department does not recognize a power of attorney for federal payments. More →
Law: SSA POMS GN 00502.139 (A.6, B.5)
VA benefits — If a veteran or other VA beneficiary cannot manage VA benefits, VA appoints a fiduciary. VA decides that a person cannot manage their financial affairs only after it receives medical evidence or after a court has already decided this. More →
Taxes (IRS) — To let someone represent you before the IRS, use Form 2848. The person must be eligible to practice before the IRS; this includes certain family members: a spouse, parent, child, brother, sister, grandparent, grandchild, step-parent, step-child, step-brother or step-sister.
Law: IRS, Instructions for Form 2848 (Rev. Sept. 2021); Form 2848 (Rev. Jan. 2021)
Medicare and health privacy — 1-800-MEDICARE can share a person's information with you only with that person's written permission on Form CMS-10106 (online through their Medicare.gov account, or by mail). If you sign as a personal representative, attach a copy of the paper that shows you can act for the person, such as a power of attorney.
Law: CMS, Form CMS-10106 (03/2026)
Hospitals and your directive — Hospitals, nursing homes, home health agencies and hospice programs that take Medicare or Medicaid, and Medicare and Medicaid health plans, must give adult patients written information about their rights under state law to accept or refuse treatment and to make advance directives. More →
Law: 42 U.S.C. 1395cc(f) (Patient Self-Determination Act); 42 U.S.C. 1396a(w) (Medicaid)
Military — A military power of attorney, notarized under federal military notary law or other state or federal law, does not have to meet any state's form, signing or recording rules.
Law: 10 U.S.C. 1044b
If you are an agent — An agent is a fiduciary. The federal consumer agency (CFPB) describes four basic duties. Your state law and the document itself may add more. More →
Report exploitation — Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff.