A permanent guardian may be appointed for a minor who has no living parents or in other rare circumstances.
Temporary guardianship may be granted to a person having physical custody of a minor in need of a guardian. The Probate Court may not grant temporary guardianship of a minor over the objection of a natural guardian. (The natural guardian is the parents or the parent(s) having legal custody of the minor if the parents are divorced or were never married.) The granting of temporary guardianship of a minor does not permanently terminate the parental rights of the parents. However, while the temporary guardianship is in place, the temporary guardian holds all of the powers of a natural guardian parent, including the authority to consent to medical treatment and to enroll the child in school. Temporary guardianships do not expire until the child reaches the age of 18. However, a parent may petition the court to terminate the guardianship.
Temporary guardians undergo criminal background checks and are required to file reports on the personal status and conditions of the minor.
Below is what is required to become a temporary guardian of a minor found in Muscogee County:
Documents Required to file:
Birth Certificates of Minor
Death Certificates, if either parent is deceased
Criminal Background Check
How this process works:
If Both Parents Consent: A background check will be run on all adults in the household at the time of filing. The petitioner is responsible for contacting the court within the next two weeks to set up an uncontested hearing with the Judge to take the guardian's oath.
If the Parents Do Not Consent*: A background check will be run on all adults in the household at the time of filing. Prior to hearing, parents must be served as provided in the guardianship law. Refer to the Order for Services in Georgia in Standard Form 28.
Deposit fee**: $100.00
Background Check: $20.00 per adult in the household
*Additional fees will be required if the parents do not consent.
** See Schedule of Costs and Fees for remaining balance.
Probate courts have jurisdiction over the appointment and supervision of guardians and conservators of incapacitated adults to such an extent they are no longer capable of making reasonable and rational decisions concerning their person or the management of their money and property. Guardians make decisions concerning the person. Conservators manage and make decisions concerning the income and property of the incapacitated adult.
Becoming a guardian and/or conservator is a very serious and complicated process. If you are interested in being appointed someone’s guardian and/or conservator, you are strongly encouraged to consult an attorney. For more information about becoming a guardian and/or conservator visit www.gaprobate.org/guardianship.php