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Petition For The Appointment Of Emergency Guardian And Conservator For Proposed Ward GPCSF 11 - Georgia
| Petition For The Appointment Of Emergency Guardian And Conservator For Proposed Ward Form. This is a Georgia form and can be used in Probate Court Statewide . |
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GEORGIA PROBATE COURT STANDARD FORM Petition for the Appointment of an Emergency 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 an Emergency Guardian and/or Conservator for a Proposed Ward pursuant to O.C.G.A. §29-4-14 and/or §29-5-14. Regarding the need for the pre-hearing appointment of an Emergency Guardian and/or Conservator, O.C.G.A. §29-4-15(c)(5) and 29-5-15 (c)(5) provide as follows: If the court determines that there is probable cause to believe that the proposed ward is in immediate need of an emergency guardian, the court shall appoint an emergency guardian to serve until the emergency hearing, with or without prior notice to the proposed ward, but only if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker. If the court determines that there is probable cause to believe that the proposed ward is in immediate need of an emergency conservator, the court shall appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, but only if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed ward´s signature without the court´s prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. 3. Further, if a pre-hearing emergency guardian and/or conservator is appointed to serve until the emergency hearing, then such guardian and/or conservator shall, prior to the issuance of Letters of Emergency Guardianship and/or Conservatorship, take an oath and post such bond as the court may require. 2. Effective 7/09 GPCSF 11Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 4. The burden of proof is on the petitioner to prove by clear and convincing evidence that the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety and is in need of a guardian AND there is an immediate, clear, and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed and/or that the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his/her property and is in need of a conservator AND there is an immediate, substantial risk of irreparable waste or dissipation of the estate unless an emergency conservator is appointed. In any case involving the appointment of a conservator when the proposed ward owns real property in Georgia, 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 in which the proposed ward owns real property. According to Probate Court Rule 22 (A), unless the court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. Pages after 13 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court. 5. 6. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 7/09 GPCSF 11Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM PROBATE COURT OF STATE OF GEORGIA IN RE: , PROPOSED WARD COUNTY ) ) ) ) ) ) ESTATE NO. PETITION FOR APPOINTMENT OF AN EMERGENCY GUARDIAN AND/OR EMERGENCY 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 8 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) and is domiciled at (address) County of , State of number , and (Initial either a. or b. below): a. (Second Petitioner, if any) the (relationship) (address) County of , telephone number that: , is the of the proposed ward, , telephone , is of the proposed ward, and is domiciled at , State of , show or b. attached hereto as page 8 and made a part of this petition is the completed affidavit of ,a physician, psychologist or licensed clinical social worker licensed to practice in Georgia, who has examined the proposed ward within fifteen days prior to the filing of this petition, show that: Effective 7/09 -1GPCSF 11Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 2. The proposed ward, age security no. , date of birth , social , 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 3 days to the following address: , telephone number . The proposed ward is a citizen of a foreign country, being (if a guardianship or conservatorship is granted, pursuant to The Vienna Convention, the Probate Court must notify the consul). 3. The proposed ward is in need of an emergency guardian and/or conservator by reason of the following incapacity: to the extent that the proposed ward: (initial all applicable) a. (for emergency guardianship:) lacks sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety , and there is an immediate, and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed, (for emergency conservatorship:) lacks
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