Guardianship in Cumming

Filing a Petition with the Court: The petition for the guardianship must be completed by at least two individuals or one individual who also submits an affidavit from a physician, psychologist, or clinical social worker that supports the petition. Various information about the guardian and the individual must be included in the petition, and the court may require the guardian to submit to a background check.

Notification: Georgia requires that the individual and certain family members or close friends of the individual receive notification that a petition for guardianship has been filed.

Evaluation: The court will appoint a physician, psychologist, or clinical social worker to evaluate the individual and provide a recommendation to the court if a guardianship is warranted.

Court Appointed Attorneys: If the individual has not retained their own attorney to represent their interests in the guardianship process, the court will appoint an attorney to represent the individual. The court may also appoint a guardian ad litem to gather information and provide a recommendation to the court.

Probate Court Hearing: A hearing is required before a guardian is appointed for an individual. At the hearing, the proposed guardian may present evidence to support the claim that a guardianship is needed, and the individual’s attorney and guardian ad litem may also present evidence.

Final Order: After the hearing, the judge will issue an order either granting or denying the petition for guardianship. If the petition is granted, the guardian must take an oath and the court will then issue Letters of Guardianship.