Georgia Temporary Guardianship Agreement
Georgia uses a notarized power of attorney that both the parent and the caregiver sign.
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Introduction
Georgia's out-of-court option is a power of attorney to delegate caregiving authority. It generally lasts up to one year, except for a grandparent agent or deployed military parent. File a copy in the child's county probate court within 10 days of signing.
Key Things to Know
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The instrument is a power of attorney to delegate caregiving authority under the Supporting and Strengthening Families Act, O.C.G.A. §§19-9-121 to 19-9-134. The PARENT signs it and the caregiver (agent) also signs. The statutory form is in O.C.G.A. §19-9-134; using that particular form is not required.
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It is not a court guardianship. It does not transfer custody, it does not end or reduce the parent's rights, and the caregiver does not become a legal guardian. A delegation also does not change existing court orders on custody, parenting time or support.
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The term is capped at one year, except that a grandparent agent may have an unlimited duration and a deployed military parent may delegate for up to the term of deployment plus 30 days. Georgia states no express renewal process; a parent may revoke it or sign a new power of attorney (O.C.G.A. §19-9-129(c)).
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Both the parent and the agent must sign under oath and acknowledge before a notary public. A copy must be filed by the parent or a designee in the probate court of the county where the child resides within 10 days of signing. There is no filing fee, and the power of attorney is confidential though the docket is public. Refile in the new county if the child moves.
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A parent with sole custody must notify the noncustodial parent in writing by certified mail, return receipt requested, or statutory overnight delivery within 15 days. The noncustodial parent may object within 21 days of delivery, and an objection prohibits the power of attorney and the child returns to the sole-custody parent. It is void if signed during a pending divorce or custody action unless it is executed or agreed to by both parties (where both have custodial rights) or the court allows it, and it is unavailable while DFCS has an open case.
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The agent may arrange and consent to medical, dental and mental-health treatment and get and disclose educational records. The agent cannot consent to marriage or adoption, an abortion, or a parental rights termination. The agent must notify schools on revocation. Ask schools and providers before relying on it, since acceptance is not guaranteed.
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If this arrangement does not fit your situation, for example the child needs care longer than the term allows, ask the probate court about temporary guardianship of a minor (O.C.G.A. §§29-2-5 to 29-2-8) or standby guardianship (O.C.G.A. §§29-2-9 to 29-2-13), and see DocDraft's guardianship-of-a-minor-petition page. For abuse, neglect or danger to a child, contact DFCS or law enforcement; for disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Georgia, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Georgia Requirements for Temporary Guardianship Agreement
Parent and Agent Both Sign Under Oath
The parent executing the power of attorney and the agent accepting it both sign under oath, and both signatures are acknowledged before a notary public (O.C.G.A. §§19-9-129, 19-9-134).
One-Year Cap With Two Exceptions
The term may not exceed one year, except that a grandparent agent may have an unlimited duration and a deployed military parent may delegate up to the term of deployment plus 30 days (O.C.G.A. §§19-9-122, 19-9-130, 19-9-132).
File in Probate Court Within 10 Days
A copy must be filed by the parent or a designee in the probate court of the county where the child resides within 10 days of signing, with no filing fee; refile if the child moves counties (O.C.G.A. §19-9-129).
Notice to the Noncustodial Parent
A parent with sole custody must notify the noncustodial parent by certified mail, return receipt requested, or statutory overnight delivery within 15 days. The noncustodial parent may object within 21 days of delivery, and an objection prohibits the power of attorney (O.C.G.A. §19-9-125).
Powers Excluded From Delegation
The agent cannot be given the power to consent to marriage or adoption, the performance or inducement of an abortion, or a parental rights termination, and existing court orders are not changed (O.C.G.A. §19-9-124).
Who May Serve as Agent
The agent must be an adult Georgia resident who is a listed relative, or a nonrelative approved by a child-placing agency or a nonprofit or faith-based organization, with a criminal background check (O.C.G.A. §§19-9-122, 19-9-124).
Blocked by Court Cases and DFCS
A power of attorney signed during a pending divorce or custody action is void unless it is executed or agreed to by both parties (where both have custodial rights) or the court allows it, and it is barred while DFCS has an open case (O.C.G.A. §§19-9-124, 19-9-128).
Revocation in Writing With 48-Hour Return
Revocation is in writing with notice to the agent by certified mail, return receipt requested, or statutory overnight delivery, sent within 5 days of executing the revocation; the child returns within 48 hours and relying parties are notified within 48 hours (O.C.G.A. §19-9-130).