What is a guardianship?

A guardianship is a legal relationship set up to provide care for an individual that is unable to make decisions on their own behalf due to mental incapacity. In Georgia, guardianship is established either through a court order or through a power of attorney. Through a court order, an individual, usually a family member, is appointed by the court to act as a guardian for the incapacitated person. The guardian makes decisions for the individual in areas such as healthcare, finances, and living situation. Through a power of attorney, the individual appoints a person, usually a family member, to be the person’s agent in making decisions. In both court order and power of attorney, the guardian is a fiduciary, meaning they are required to act in the best interests of the incapacitated individual. In Georgia, guardianship is overseen by the Probate Court and the Superior Court, however, the laws governing guardianships are found in the Georgia Code. The Disability Planning Law also establishes guidelines for guardianship. It requires the court to consider the least restrictive alternatives when creating a guardianship to ensure that the individual’s rights are preserved. The Disability Planning Law also requires that all guardians be certified with the Georgia Department of Human Services.

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