Georgia Guardianship of a Minor Petition
Georgia hears this in Probate Court on two separate petitions, GPCSF 28 for a temporary guardian and GPCSF 29 for a permanent guardian, sets no fixed maximum duration for a temporary guardianship, decides most filings on notice and objection rather than a hearing, and keeps guardianship of the minor's person separate from conservatorship of the minor's property.
Find out where you stand in Georgia
Where are you with the guardianship?
DocDraft provides document preparation, not legal advice.
Introduction
In Georgia, a relative or other adult asks the Probate Court of the relevant county to appoint them guardian of a minor's person, filing GPCSF 28, a Petition for Temporary Letters of Guardianship of Minor (O.C.G.A. § 29-2-5), or GPCSF 29, the separate permanent petition for Letters of Guardianship of Minor (O.C.G.A. § 29-2-14). These are Georgia's official, functionally mandatory forms, and the form controls. Guardianship of the minor's property is a separate 'conservator' filing, GPCSF 30, under Title 29, Chapter 3. A temporary guardianship has no fixed statutory maximum duration: it runs until the minor turns 18, is adopted, is emancipated, dies, the temporary guardian dies, letters issue to a permanent or testamentary guardian, or a court ends it. Georgia runs on notice and objection rather than a mandatory hearing: a parent who has not notarized-consented gets notice, and if nobody entitled to notice objects in time, or the sole parent or both parents give notarized written consent attached to the petition, the court shall grant the petition without further notice or hearing. A background check is discretionary, not automatic, and bond is discretionary for a guardian of the person but the default rule for a conservator of the property. A parent may instead designate a standby guardian who takes over on a doctor's written health determination, no probate filing needed until then. Guardianship does not end a parent's parental rights, and the court decides based on the minor's best interest. Attorney review is available before you file.
Key Things to Know
- 1
Georgia hears a minor guardianship petition in the Probate Court of the relevant county. GPCSF 28 is the Petition for Temporary Letters of Guardianship of Minor (O.C.G.A. § 29-2-5); GPCSF 29 is the permanent petition for Letters of Guardianship of Minor (O.C.G.A. § 29-2-14). Guardianship of the minor's property is a separate conservatorship, filed on GPCSF 30 under Title 29, Chapter 3. These are Georgia's official forms, and the form controls.
- 2
Guardianship does not end a parent's parental rights and is not adoption. A natural guardian may petition at any time to end a temporary guardianship (O.C.G.A. section 29-2-8), and a guardianship ends automatically when the minor turns 18, is adopted, is emancipated, or dies, or when a court order ending it is entered.
- 3
A temporary guardianship has no fixed statutory maximum duration. It ends on the earliest of the minor turning 18, adoption, emancipation, the minor's death, the temporary guardian's death, later letters issuing to another guardian, or a court order ending it (O.C.G.A. § 29-2-8).
- 4
Georgia runs on notice and objection rather than a scheduled hearing. A parent who has not notarized-consented gets notice; for a permanent petition, notice also reaches a qualifying biological father, siblings, or other relatives. If notarized parental consent is attached, or nobody entitled to notice files a timely written objection, the court shall grant the petition without further notice or hearing (O.C.G.A. §§ 29-2-6, 29-2-17).
- 5
A minor 14 or older has a preference in who is appointed guardian, which the court weighs but may still disregard; this is a preference, not a formal consent right (O.C.G.A. § 29-2-16).
- 6
A criminal background check is discretionary, not required in every case, under Uniform Probate Court Rule 5.5. No statewide guardian-training course is required. A guardian ad litem is required only before the court grants certain expanded powers, such as moving the minor out of state (O.C.G.A. § 29-2-22).
- 7
Bond is discretionary for a guardian of the minor's person, and a guardian named in a parent's will is never required to give bond. A conservator of the minor's property must generally give bond equal to double the estimated value of the property, or equal to the estimated value if a licensed commercial surety secures it (O.C.G.A. §§ 29-2-25, 29-2-4, 29-3-41).
Key decisions before you file
Before you file a Guardianship of a Minor Petition in Georgia, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
Open the Guardianship of a Minor Petition guideCustomize your Guardianship of a Minor Petition Template with DocDraft
Georgia Requirements for Guardianship of a Minor Petition
Probate Court Venue Turns on Petition Type
A temporary guardianship petition is filed in the Probate Court of the petitioner's county of domicile, or where the minor is found if the petitioner is not a Georgia domiciliary; a permanent petition is filed where the minor is found or where the proposed guardian is domiciled (O.C.G.A. sections 29-2-5, 29-2-14).
GPCSF 28 and GPCSF 29 Are Separate Petitions
Georgia uses GPCSF 28 for a Petition for Temporary Letters of Guardianship of Minor and GPCSF 29 for the separate, permanent petition for Letters of Guardianship of Minor; the official form controls (O.C.G.A. sections 29-2-5, 29-2-14).
Guardianship of the Estate Is a Separate Conservatorship
Georgia keeps guardianship of the minor's person separate from guardianship of the minor's property, which is a distinct conservator office filed on GPCSF 30 under Title 29, Chapter 3, rather than combined into one guardianship.
No Fixed Maximum Duration for Temporary Guardianship
A temporary guardianship has no fixed statutory maximum duration. It ends on the earliest of the minor turning 18, adoption, emancipation, the minor's death, the temporary guardian's death, later letters issuing, or a court order ending it (O.C.G.A. section 29-2-8).
Notice and Objection Model, Not a Mandatory Hearing
If notarized parental consent is attached, or nobody entitled to notice files a timely written objection, the court shall grant the petition without further notice or hearing (O.C.G.A. sections 29-2-6, 29-2-17).
Objection Windows Set the Notice Timing
A person entitled to notice has 10 days after personal service, 14 days after mailing, or 10 days after the second of two weekly newspaper publications to file a written objection (O.C.G.A. section 29-2-6).
Age 14 Preference, Not a Consent Requirement
A minor age 14 or older has a preference in who is appointed guardian, which the court considers but may disregard; it is not a formal consent right (O.C.G.A. section 29-2-16).
Discretionary Background Check, No Mandatory Training Course
A criminal background check through the Georgia Crime Information Center is discretionary, not required for every proposed guardian, and no statewide guardian-training course is required (Uniform Probate Court Rule 5.5).
Bond Discretionary for the Person, Generally Required for the Estate
Bond for a guardian of the minor's person is discretionary, and a guardian named in a parent's will need not give bond. A conservator of the minor's property must generally give bond equal to double the estimated value of the property, or equal to the estimated value if secured by a licensed commercial surety (O.C.G.A. sections 29-2-25, 29-2-4, 29-3-41).