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Petition For Restoration Of Individual Found To Be In Need Of Guardian-Conservator GPCSF 65 - Georgia
| Petition For Restoration Of Individual Found To Be In Need Of Guardian-Conservator 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 Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for the Reinstatement of a Ward (formerly Incapacitated Adult) pursuant to O.C.G.A. §29- 4-42 and O.C.G.A. §29-5-72. The burden of proof is on the petitioner to show by a preponderance of the evidence that there is no longer a need for a guardianship and/or conservatorship. According to Probate Court Rule 5.6 (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 5 which are labeled court are to be completed by the moving party, unless otherwise directed by the "Court". 2. 3. II. General Instructions General instructions applicable to all Georgia probate court standard forms appear in are available in each probate court. Effective 8/10 GPCSF 65Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) ) ESTATE NO. COUNTY PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR 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, a. the Ward b. the (relationship) is domiciled at (address) County, State of , telephone number , and of the ward, and , is (Initial either a. or b. below): a. (Second Petitioner, if any) is the (relationship) at (address) telephone number , of the ward, and is domiciled County, State of , show that or b. attached hereto as page 4 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 ward within fifteen days prior to the filing of this petition, show that: Effective 8/10 -1- GPCSF 65Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 2. The ward is domiciled at (address) County, State of , and is presently located at , and can be contacted at (telephone number): 3. . The proposed ward no longer is in need of a guardian and/or conservator because: (NOTE: the Petition cannot be granted unless sufficient facts are presented which support the claim for the restoration of the Ward. 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.) 4. (Name(s) or n/a) currently serve(s) as the guardian and (Name(s) or n/a) as the conservator. 5. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Effective 8/10 -2- GPCSF 65Petitioner American LegalNet, Inc. www.FormsWorkFlow.com WHEREFORE, petitioner(s) pray(s): 1. that service be perfected as required by law; 2. that the court appoint legal counsel and an evaluator for the ward and order an evaluation as required by law; 3. that upon receipt of the evaluation report, the court order a hearing to determine the continued need for a guardian and/or conservator for the ward; and 4. that the ward's rights be restored. Signature of first petitioner Signature of second petitioner, if any Printed Name Printed Name Address Address Telephone Number Signature of Attorney: Typed/printed name of Attorney: Address: Telephone: Telephone Number State Bar # VERIFICATION GEORGIA, COUNTY Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true. Sworn to and subscribed before me this day of , 20 . First Petitioner NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires -----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . Second Petitioner, if any NOTARY/CLERK OF PROBATE COURT My Commission Expires Effective 8/10 Printed Name -3- GPCSF 65Petitioner American LegalNet, Inc. www.FormsWorkFlow.com STATE OF GEORGIA COUNTY OF PROBATE COURT OF RE: Petition for RESTORATION of COUNTY , a Ward. AFFIDAVIT OF PHYSICIAN, PSYCHOLOGIST, OR LICENSED CLINICAL SOCIAL WORKER I, being first duly sworn, depose and say that I am a physician licensed to practice under Chapter 34 of Title 43 of the Official Code of Georgia Annotated, a psychologist licensed to practice under Chapter 39 of Title 43 of the Official Code of Georgia Annotated, or a Licensed Clinical Social Worker; that my office address is that I have examined the above-named ward on the found him/her to (initial all applicable): a. (for restoration regarding guardianship:) now have sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety. (for restoration regarding conservatorship:) now have sufficient capacity to make or communicate significant responsible decisions concerning the management of his/her property. (for retention of guardianship:) still lack sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety. d. (for retention of conservatorship:) still lack sufficient capacity to make or communicate significant responsible decisions concerning the management of his/her property. day of , 20 , Georgia, , and that I b. c. The following facts support said diagnosis: Effective 8/10 -4- GPCSF 65Petitioner American LegalNet, Inc. www.FormsWorkFlow.com (RESTORATION FORM, cont.) WITNESS MY HAND AND SEAL this day of , 20 . Sworn to and subscribed before me this day of , 20 . Signature of (Physician)(Psychologist)(Social Worker) Typed Name Notary Public My commission expires on the of , 20 (NOTARIAL SEAL AFFIXED) day . NOTE: The examination on which this affidavit is based must occur WITHIN FIFTEEN DAYS prior to the filing of the petition. Effective 8/10 -5- GPCSF 65Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator Pages after 5 which are labeled "Court"are to be completed by th
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