GA risk area
Guardianship risk in Georgia
How courts appoint guardians for minors when no plan is in place.
Georgia probate courts can appoint temporary guardians for minors on petition by a person with physical custody.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A petition for temporary guardianship is filed in the probate court.
- The petitioner must have physical custody of the minor.
- The petition includes the minor's details and the petitioner's relationship and domicile.
- Temporary or emergency guardianships may be available for urgent situations.
Questions to consider
Questions this risk area helps you evaluate in Georgia
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Georgia probate courts can appoint temporary guardians for minors on petition by a person with physical custody.
- A petition for temporary guardianship is filed in the probate court.
- The petitioner must have physical custody of the minor.
- The petition includes the minor's details and the petitioner's relationship and domicile.
- Temporary or emergency guardianships may be available for urgent situations.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Georgia.