Guardianship & Conservatorship

Guardianships & Conservatorships of Minors & Adult

  1. Guardianship and Conservatorship of a Minor
  2. Guardianship and Conservatorship of an Adult

Types of Guardianships for Minors

Under the current Georgia Law there are two types of Guardianships for a Minor.

  • One is guardianship of the person of the child, which is the Temporary Guardianship of a Minor; this allows someone to be appointed by the Court to care for the child and the child's needs.

Temporary Guardianship of a Minor

A temporary guardianship requires both parents to relinquish their parental rights during the life of a guardianship. The minor child must live with the guardian. The granting of temporary guardianship of a minor does not permanently terminate the parental rights of the parents.

The petition of Temporary Guardianship of a Minor must be completed in full and legible (if you cannot complete the petition, you will need to contact an attorney for assistance).

  • A certified copy of the minor's birth certificate.
  • All signatures must be notarized PRIOR to filing.
  • Both parents must sign the petition.
  • If you desire to become a guardian for more than one child you must file a petition for each minor child.

Filing Fees

  • Both parent's signatures notarized certified copy of birth certificate: $144.25/$187.50.
  • One parent's signature notarized publication for the other parent certified copy of birth certificate: $234.25/$277.50.
  • One parent's signature notarized, certified copy of death certificate for the other parent, certified copy of birth certificate: $144.25/$187.50.

Conservatorship of Property of a Minor

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 need to file a Petition for Conservatorship of a Minor.

  • All persons petitioning to become conservators must submit to a credit history.
  • 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 a 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 you 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 the minor. The Conservator will then file a Petition 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.


Guardians and Conservators appointed by this court are strictly monitored in accordance with Georgia law and are required to use the reporting forms provided by this court. Conservators are required to use the reporting forms provided by this court. Conservators are required to fully itemize all income and expenditures on returns/accounting filed with the court and are expected by the court to maintain full, accurate, and complete records, to maintain all bank statements and canceled checks, and to retain all invoices, vouchers, bills, statements, and other documents in support of all transactions at least until the return for which those records apply has been accepted, approved and recorded by the court. It is recommended that all such records be maintained for a period not less than three years, and it may be advisable to maintain all records until the conservator is fully discharged from office and all liability.

Standing Orders

In adult guardianship/conservatorship cases, the Court issues a Standing Order. Attorneys and all persons representing themselves are required to comply with the provisions of the Standing Order. As set forth in the Standing Order, the Court requires that a criminal background check be performed on every person who is nominated or appointed as a guardian or conservator. Every person seeking an appointment as a Conservator must complete and file with the Court a Qualifications Questionnaire.

Training Videos

The Georgia Council of Probate Court Judges has produced two videos concerning guardianship matters, one applicable to guardianships and conservatorships of adults and one applicable to conservatorship of minors. We strongly suggest that all guardians and conservators of adults and all conservators of minors view the training videos.