Guardianship/Conservatorship of Minors

201 N. Perry Parkway, P.O. Box 1801
Perry, GA 31069
Phone: (478) 218-4710
Fax: (478) 218-4715

Useful Information

Proceeding Pro Se in Probate Court

In Georgia, Probate Courts have exclusive jurisdiction in matters relating to the appointment, supervision and discharge of guardians and conservators, except as otherwise provided by law.

The judge of the probate court of the county of the domicile of a minor having no guardian has the power to appoint a temporary or permanent guardian of person and/or conservator of property, or both, of such minor.

If the minor is over 14 years of age before the guardian is appointed, the judge of the probate court is required to follow any selection made by the minor, provided the selection is a judicious one. The selection once made cannot be changed by the minor, except by showing cause for the removal of the first guardian.

The probate court has no jurisdiction in cases concerning loss of custody by a parent or guardian due to cruel treatment, abandonment, or immoral conditions.

There is no authority vested in the judge of the probate court to displace a parent as guardian of the person of a minor. Thus, the judge of the probate court cannot appoint a permanent guardian of the person of a minor with living parents, unless the parents rights have been terminated.

Temporary Guardianship of a Minor - F/K/A Temporary Guardianship of a Minor's Person

An appointment of a temporary guardian of a minor may be ordered when need is alleged by the person having actual physical custody of the said minor. However, no temporary guardian may be appointed unless proper notice is given to the natural parents/guardians or if any objection is filed by a natural parent/guardian.

General Information

• The petition must be complete and legible (please type or print with black ink)
• Petitioner must sign the verification page in front of a Notary Public or a Clerk of Probate Court
• Notice of the Petition must be given to the "parents" of the minor. If an objection to the establishment of the temporary guardianship is filed by a parent who is also a "natural guardian," the Court will dismiss the Petition without a hearing. If a parent who is not a natural guardian objects, a hearing on the matter will be scheduled.
  • A "parent" is defined as the biological or adoptive father or mother whose parental rights have not been surrendered or terminated, except that in the case of a child born out of wedlock, the father shall be considered a "parent" only if he has legitimated the minor.
  • A "natural guardian" is defined as each parent, unless the parents are divorced. If one parent has sole custody, that parent is the sole "natural guardian." If both parents have joint legal custody, then both parents are "natural guardians."
• If the child was not born here in Houston County, you will need to bring a certified copy of the child's birth certificate.

*Per each Temporary Guardian and each adult living in the home

** Per parent to be served in Georgia, not located in Houston County.

Permanent Guardianship of a Minor

Petition for Letters of Guardianship of a minor can be filed when the minor has no natural guardian, testamentary guardian, or permanent guardian.

For further information on Temporary and Permanent Guardianships of Minor's Person, please contact Shannon Lewis at [email protected].

Conservatorship of Minor - F/K/A Guardian of Minor's Property

• HANDBOOK MINOR CONSERVATORS

An appointment of a Conservator of a minor is required when the minor is receiving funds over $15,000 from an inheritance, a settlement or any other source. You will file a petition with the court to become the conservator.

General Information

• You will have to post bond in the same amount as the funds the minor is to receive.
• If this is a settlement, you will also need to file a Petition to Compromise a Doubtful Claim of Minor or a court order approving the minor's settlement.
• You will file an Inventory and Assets Management Plan within 6 months of the appointment stating all assets in the minor's estate.
• Each year on the anniversary date of your appointment as conservator, you will be required to file an annual return of all assets in the estate as well as an updated inventory and assets management plan.
• Upon the minor reaching the age of eighteen, all assets will be turned over to minor. The Conservator will then file a Petition for Final Settlement of Accounts and Discharge from Office and Liability that will include an affidavit signed by the former minor as to the amount of funds received.

Filing Fees

PETITION FOR LETTERS OF CONSERVATORSHIP FOR A MINOR
(Petition to Compromise Doubtful Claim of Minor not required)

* Per person required for service in Georgia, not located in Houston County.

For all other filings please refer to the Fee Schedule. 

For further information on the Creation of Conservatorships of Minors, email Kim Willson at [email protected]

For questions regarding Inventories, Assets Management Plans, Annual Returns, Leave to Sells and Discharges, contact Megan Willson at [email protected]

Related Links

• Council of Probate Court Judges of Georgia - Standard Forms are available. Includes useful web pages such as instructions for the forms, information on the duties of personal representatives, a handbook for guardians/conservators, heir determination worksheet, etc.
• State Bar of Georgia - Includes directory of State bar members, Frequently Asked Questions, and legal research resources. Mailing address: 104 Marietta St., N.W. Suite 100, Atlanta, GA 30303. Phone (404)527-8700; FAX (404)527-8717
• Houston County Bar Association - Houston County Bar Association Information
• American Bar Association - Includes listing of accredited law schools, legal and professional resources, charities, etc. related to the legal profession.