What is involved in establishing a guardianship?

Establishing a guardianship in Georgia involves a few key steps. First, it’s important to discuss the guardianship option with the minor’s parents or legal guardians. If they agree to sign a consent form, then the guardianship process moves forward. Second, the person seeking to be the guardian must petition the court, which typically involves filing a petition in the Superior Court of the county where the minor resides. This petition must include a financial statement, a home study if required by the court, and a proposed guardianship plan. Third, a judge will review the petition and schedule a hearing to determine if the proposed guardianship is in the best interest of the minor. At the hearing, representatives from the Department of Human Services, social workers, and other interested parties may present testimony or evidence. The court will then decide if the guardianship is approved. Fourth, the court will enter an order officially appointing the guardian of the minor. The court will also decide if the guardian has the authority to make decisions related to the minor’s health, education, and welfare. Typically, the court will also order the guardian to file periodic reports regarding the minor’s health and progress. Finally, the court will enter a final order either terminating or extending guardianship. This order will depend on the minor’s situation and the recommendation of the court. If the guardianship is terminated, the minor will either resume living with their parents or legal guardians, or the court will appoint another guardian.

Related FAQs

How does a guardianship affect Social Security benefits?
Can guardianship be denied by the court?
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