Few areas of law involve higher emotional stakes than guardianship disputes. When a family member can no longer manage their own affairs — due to dementia, a stroke, a traumatic brain injury, or other incapacitating condition — the question of who will make decisions for them can tear families apart. Georgia law provides a framework for establishing and contesting guardianships, but the process is often contentious and always urgent.
What Is Guardianship in Georgia?
A guardianship is a legal arrangement in which a court appoints an individual (the guardian) to make personal and/or financial decisions for a person who has been found incapacitated (the ward). Georgia's guardianship statutes are found primarily in O.C.G.A. Title 29.
There are two types of guardianship in Georgia:
- Guardian of the person — makes decisions about the ward's healthcare, living arrangements, and personal needs
- Conservator of the property — manages the ward's finances, assets, and financial affairs
Sometimes one person serves in both roles. Other times, the court appoints different individuals for each function.
Common Guardianship Disputes
Who Should Serve as Guardian?
This is the most common dispute. Multiple family members may believe they are the best choice to serve as guardian. Adult children may disagree about which sibling should have authority. A spouse may oppose a guardianship petition filed by an adult child. A non-family caregiver may petition for guardianship over a family member's objection. The court must determine what arrangement serves the ward's best interests.
Is Guardianship Necessary at All?
Guardianship is a drastic legal remedy — it strips an adult of their right to make their own decisions. Georgia law requires that less restrictive alternatives be considered first. A guardianship petition may be contested on the grounds that the proposed ward is not actually incapacitated, or that a power of attorney, healthcare directive, or supported decision-making arrangement can serve the same protective function without removing the person's autonomy.
Guardian Misconduct and Removal
Once a guardian is appointed, they have a fiduciary duty to the ward. If a guardian is neglecting the ward's needs, mismanaging their finances, isolating them from family, or making decisions that serve the guardian's interests rather than the ward's, interested parties can petition for the guardian's removal under O.C.G.A. § 29-4-22.
The Guardianship Process in Georgia
- Petition. A petitioner files a petition for guardianship in the probate court of the county where the proposed ward resides.
- Evaluation. The court appoints an evaluator (often a physician, psychologist, or social worker) to assess the proposed ward's capacity and needs.
- Notice. The proposed ward and their family members must receive notice of the guardianship petition.
- Hearing. The probate court holds a hearing at which evidence is presented. The proposed ward has the right to be present, to be represented by an attorney, and to contest the guardianship.
- Order. If the court finds that guardianship is necessary, it issues an order appointing a guardian and defining the scope of the guardian's authority.
Protecting Your Family Member
If you believe a family member needs a guardian, or if you believe someone is seeking guardianship for improper purposes — to gain control of an elderly parent's assets, to isolate a vulnerable person from their support network, or to make medical decisions over the objection of other family members — you need an attorney who understands both the legal framework and the courtroom realities of these cases.
I handle guardianship disputes in Athens, Watkinsville, and throughout Oconee, Clarke, and surrounding counties. Contact me for a free consultation.
Need Help With a Probate Litigation Matter?
John Baker has over 20 years of trial experience handling probate litigation cases in Athens, Oconee County, and northeast Georgia. Contact us for a free consultation.