Guardianship / Conservatorship
General information for applying to be a temporary guardian for a minor.
- If you are a Georgia resident you must file the petition for temporary guardianship in the county of your domicile and, you must have physical custody of the minor at the time of filing the petition.
- If you are a non-resident of this state you must file the petition in the county where the minor is found and must have physical custody of the minor at the time of filing the petition.
Petitions are available in the Barrow County Probate Court located in the Barrow County Courthouse, 652 Barrow Park Drive Winder GA. You may call for directions at 770-307-3045
Guardianship petitions are accepted for filing Monday through Friday from 8 am to 4:30 pm. Please check for holiday closings.
All proposed guardians must be present to file the petition as the court must administer the guardians oath.
The court will appoint two guardians for a minor, however the proposed guardians must live in the same home. If you desire to become a guardian for more than one child you must file a petition for each minor child.
The court fee for filing the petition is $100 for each petition filed plus $2 per page recording, provided both parents of the minor child have consented in the petition with properly notarized signatures. Additional fees for service upon that parent will be collected if a parent has not consented to your petition. All fees related are listed on the petition cover. If service is needed upon a parent then a separate payment will be collected for that service. Filing fees are paid at the time the petition is filed. After the petition is filed and fees are paid the court will issue a paid receipt to the proposed guardian. Barrow County schools generally will allow a child to enroll with a paid receipt until an order granting the guardianship has been signed. Fees can be in the form of cash or credit card (4% fee for credit/debit card).
Once the petition is filed with the court processing time may vary for each individual petition.
A minor who is 14 years of age and older must sign the petition for guardianship, there is a special page for the minor in the petition.
The following documents must be filed with the petition and these are listed on the petition cover.
- A certified copy of the minor's birth certificate
- Proper identification
- A valid i.d. or drivers license is required. If you are a Barrow County resident and you drivers license has an address other than your present Barrow County address, additional proof is needed such as a utility bill or rental lease agreement.
- Note: If your drivers license renewal date is less than 30 days old you must submit a utility bill.
- Proof of citizenship or proof of legal status of all petitioners is required. Examples are: U.S. Birth Certificate, U.S. Passport, Naturalization Document, Resident Alien Card, or I-94 Work Permit.
- Probate Court cannot grant guardianship to non-custodial parents when a divorce custody order has been issued, you must go back to the original court which issued the custody.
- Probate Court cannot grant guardianship to another party when Juvenile Court has issued a custody order. You must return to the original court which issued custody. this also applies when a guardianship has been granted to individual through another state.
- If the minor is already under a current guardianship you must return to the original court that issued the guardianship to replace the current guardian or terminate the current guardianship.
- Probate Court cannot grant guardianship when another court has already issued a custody order for the minor.
The petition for temporary guardianship of a minor can be found on our menu by selecting forms or click here. The form number for this petition is 28. Not sure how to do this but to have the State Standard Form available would be great.
Adult Guardianship/Conservatorship petitions are filed in the Georgia County of domicile of the proposed ward or the county where the proposed ward is found. Petitions are filed for proposed wards have reached the 17 1/2 years old and up.
In Georgia, The Probate Court may grant Guardianship of an adult resident who is found by the court to lack sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety, and may grant conservatorship of an adult resident of the state who if found by the court to lack sufficient capacity to make or communicate significant responsible decisions concerning management of his/her property.
Petitions are accepted for filing Monday through Friday 8 am to 4:30 pm no appointment necessary, check for holiday closings.
The approximate fee for filing this petition is $625 to $750.
Both a Guardian and Conservator can both be appointed for a proposed ward. The Court may appoint one individual as Guardian and Conservator, or may appoint two separate individuals as Guardian and Conservator.
Once the petition has been filed generally a hearing date will be set in approximately eight weeks.
For more detailed information regarding the court process, definition, responsibility, and duties of a Guardian and or Conservator, please visit the Georgia Probate Courts Website.