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Petition For The Appointment Of Guardian And Conservator For Proposed Ward - Georgia
| Petition For The Appointment Of Guardian And Conservator For Proposed Ward Form. This is a Georgia form and can be used in Probate Court Statewide . |
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Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward pursuant to O.C.G.A. §29- 4-10 and O.C.G.A. §29-510. In any case involving the creation of a conservatorship when the proposed ward owns real property, a certificate of creation of conservatorship will be completed by the clerk of the probate court and filed with the clerk of the superior court of each county of this state in which the proposed ward owns real property within 30 days of the date of such order. The burden of proof is on the petitioner to present clear and convincing evidence that the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety and is in need of a guardianship and/or that the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property and is in need of a conservatorship. 2. 3. II. General Instructions General instructions applicable to all Georgia probate court standard forms appear in Volume 255 of the Georgia Reports and are available in each probate court. Effective 7/05 GPCSF 12Petitioner American LegalNet, Inc. www.USCourtForms.com PROBATE COURT OF STATE OF GEORGIA IN RE: , PROPOSED WARD ) ) ) ) ) ) COUNTY ESTATE NO. __________________________ PETITION FOR APPOINTMENT OF A GUARDIAN AND/OR CONSERVATOR FOR A PROPOSED WARD TO THE HONORABLE JUDGE OF THE PROBATE COURT: [NOTE: Unless there are two or more petitioners, the affidavit on page 9 must be completed by a physician, psychologist, or licensed clinical social worker based upon an examination within 15 days prior to the filing of this petition.] 1. Petitioner, (relationship) , is the of the proposed ward, and is domiciled ____________________________________at (address) _____________________________ County, State of , telephone number_______________, and (Initial either a. or b. below): a. (Second Petitioner, if any) the (relationship) domiciled at (address) telephone number , show that , is of the proposed ward, and is County, State of or _____ b. attached hereto as page 9 and made a part of this petition is the completed affidavit of ___________________________________________________,a physician or psychologist licensed to practice in Georgia or a licensed clinical social worker, who has examined the proposed ward within fifteen days prior to the filing of this petition, show that: Effective 7/05 GPCSF 12Petitioner -1- American LegalNet, Inc. www.USCourtForms.com 2. The proposed ward, age , date of birth , social security no. _____________________________, is domiciled at (address) __________________________________ _____________County, State of , and is presently located at , which is a (type of facility, if applicable) ___________________________________________________ and can be contacted at (telephone number): (initial if applicable) It is anticipated that the proposed ward will be moved within the next _________ days to the following address:_________________________________________ _________________________________, telephone number 3. _ . . The proposed ward is in need of a guardian and/or conservator by reason of the following incapacity: _____________________________________________________________________________________to the extent that the proposed ward (initial one or both): a. (for guardianship:) lacks sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety. (for conservatorship:) lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his/her property. b. The facts which support the claim of the need for a guardian and/or conservator are as follows: (NOTE: the Petition cannot be granted unless sufficient facts are presented which support the claim for the need for the appointment of a guardian or conservator. While an attached physician's/psychologist's/social worker's affidavit is permissible, the Petitioner(s) MUST specifically allege sufficient facts to support the granting of this Petition.) _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ____ Effective 7/05 GPCSF 12Petitioner -2- American LegalNet, Inc. www.USCourtForms.com 4. It is in the best interest of the proposed ward that ______________________________________ be appointed guardian and __________________________________________________________________________ __________________________________________________________________ appointed conservator. 5. The forseeable duration of the incapacity will be: should allow the proposed ward to retain the following rights and powers: and the Court ______________________________________________________________________________________ ______________________________________________________________________________________. 6. (NOTE: The law requires notice to be given to the spouse, if any, and to all living children, if any, whose addresses are known. If there are no living adult children whose addresses are known, then list at least two adults in the following order of priority: lineal descendants of the proposed ward; parents and siblings of the proposed ward; and friends of the proposed ward. In determining the persons to whom notice is required to be given according to the foregoing rules, the petitioner(s) should not be counted as persons receiving notice.) Pursuant to law, the names, addresses, telephone numbers and relationships of the persons to be notified are as follows: NAME AGE (or over 18) ADDRESS TELEPHONE RELATIONSHIP ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ _______________________
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