Guardianship Appointment Process

Guardian Eligibility

Any person who is not a minor, has not been deemed "incapacitated" or does not have a substantial conflict of interest can be a guardian. The law lists preferences as to whom the Probate Court should appoint. A person chosen by an adult, especially before any interruption in decision-making ability, has 1st preference. Thereafter, in descending order, preferences are a spouse, an adult child, and then the parent. The Probate Court may pass over someone considered a preference to appoint someone else.

Guardian Appointment Applications

Guardianship is imposed by a formal legal procedure since a person's right to make decisions should not be casually removed. Any interested person may file a petition by completing the form available from the Hall County Probate Court. Limits to the guardianship should be listed in the petition. Friends and relatives should bring the abilities of the person to the Probate Court's attention so rights are not lost unnecessarily.

Guardianship Process

  • File a completed petition with the Probate Court and pay the filing fee.
  • The Probate Court will order an evaluation by a disinterested physician.
  • If probable cause of incapacity exists, the judge will schedule a hearing, at which time the judge will decide whether or not to grant a guardianship or conservatorship or both.