Can a guardian be appointed without a court order?
The answer to the question of whether a guardian can be appointed without a court order in Georgia is no. Generally, guardianship laws require a court order for the appointment of a guardian. This is because a guardianship is a legal status and confers legally binding rights and responsibilities onto the guardians. In order to be legally binding, the appointment of the guardian must be done through the court system. In Georgia, guardianship law requires the filing of a petition in the probate court in the county where the proposed ward resides. The proposed guardian must then provide evidence to the court of their qualifications and suitability to act as guardian. The court will also review additional evidence such as medical records, psychological evaluations, and affidavits of other witnesses. Once the court is confident that the proposed guardian is suitable to act in the best interests of the ward, the court will issue an order officially appointing the guardian. With this process, it is not possible for any person to become a guardian without a court order. Georgia law is very clear that a court order is necessary to become a legally appointed guardian and that any actions taken without a court order shall be considered invalid and not legally binding.
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