How do you select a guardian?
In the state of Georgia, the process of selecting a guardian typically begins when a parent files a petition for guardianship in the Probate Court in the county where the minor child resides. When the petition is filed, the Probate Court will appoint an attorney called a Guardian ad Litem to investigate and report back to the Court concerning the best interests of the child. The Guardian ad Litem will usually meet with each individual that has been listed as a potential guardian, including the parents, and then make a recommendation to the Court concerning who should be selected as the guardian. The Probate Court will consider several factors when selecting the guardian, such as the individual’s age, physical and mental health, financial capability, and the child’s relationship with the person. Other factors that may be taken into consideration include the age and special needs of the child, the length and quality of the relationship between the potential guardian and the child, and the guardian’s ability to care for and provide for the child. Additionally, the court may consider the potential guardian’s willingness to accept the responsibility and the guardian’s knowledge of the child’s wishes. Ultimately, the Court will determine who is best to serve as the guardian of the minor child, and the decision can be appealed if necessary. Generally, the court will grant guardianship to an individual, agency, or organization that is deemed to be in the child’s best interest.
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