Guardianships & Conservatorships

A guardianship or conservatorship is a legal relationship wherein the Probate Court Judge appoints a person to make decisions for another person proven to need assistance.

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Guardianships

A guardianship is a legal relationship wherein the Probate Court appoints a person (a guardian) to make certain decisions for another person (a ward) proven to need such assistance. The decision-making power removed from a person should be as limited as possible. Under Georgia law, a guardianship shall be "designed to encourage the development of maximum self-reliance and independence in the [person] and shall be ordered only to the extent necessitated by the person's actual and adaptive limitations" (O.C.G.A. 29-5-7(h)).

A guardianship can be created on an emergency basis, and it can be temporary (limited in duration) or permanent. Guardianships can be limited in scope, removing as few rights as necessary.

A guardianship is of the person and a conservatorship is of the property.

A guardianship can take away a person's rights to:

1. Decide to marry
2. Make contracts
3. Consent to medical treatments
4. Establish a residence
5. Bring or defend an action in court

Conservatorships

Guardianship is of the person and conservatorship is of the property. The most restrictive guardianship is a guardianship and conservatorship without any limits on the powers of the guardian / conservator.

A conservatorship can take away a person's right to:

1. Decide to bring and defend actions in court
2. Make contracts
3. Buy and sell property
4. Enter into business and commercial transactions