Petition For The Appointment Of Guardian And Conservator For Proposed Ward {GPCSF 12}

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 29-5-10. 2. In determining if this Court is the proper place to bring this action, Petitioner(s) should consult Georgia law, including but not limited to, Chapters 4, 5 and 11 of Title 29, as applicable. 3. 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 thirty (30) days of the date of such order. 4. 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. 5. The Petition must state whether or not the Proposed Ward resided in another state prior to the Guardianship Petition being filed. The Petition must list the address at which the Proposed Ward resided and the individuals with whom he or she resided. The court may require additional service to these individuals according to O.C.G.A. §§ 29-4-10 (b) (17) and 29-9-7 (b). 6. The Certificate to the Secretary of State page is to be used only when a determinative finding has been made that the Proposed Ward's voting rights should be removed due to the lack of capacity of the ward. The order of the Court must be modified to reflect that this right was removed. The certificate must be mailed to the Secretary of State. 7. The Certificate to the GBI page shall be used in all cases where a Guardianship and/or Conservatorship is/are established. Individuals so listed in this database will be prohibited from obtaining a weapons carry license. In the event the ward's rights are restored, such restoration of rights shall be sent to the GBI, so the database can be updated. Only the Certificate needs to be sent to the GBI and not the Guardianship Order. GPCSF 12 [i] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com 8. The Proposed Ward and his or her appointed attorney, and guardian ad litem if appointed, shall receive full copies of the entire Petition as filed. All other parties entitled to service shall receive only a notice of service herein titled: "NOTICE OF FILING OF PETITION FOR GUARDIANSHIP AND/OR CONSERVATORSHIP." 9. 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. All pages after the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party, unless otherwise directed by the Court. 10. An oath must be administered by a Probate Judge or Clerk (the oath cannot be administered by a notary public). Use Georgia Probate Court Supplement 4 for the oath. The oath is not included in this form. Georgia Probate Court Form 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. II. General Instructions General instructions applicable to all Georgia Probate Court Standard Forms are available in each Probate Court or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 12 [ii] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ___________________________________, PROPOSED WARD ) ) ) ) ESTATE NO. ____________ PETITION FOR APPOINTMENT OF A GUARDIAN AND/OR CONSERVATOR FOR A PROPOSED WARD [NOTE: Unless there are two or more Petitioners, the affidavit beginning on page 15 must be completed by a physician, psychologist, or licensed clinical social worker and based on an examination within fifteen (15) days prior to the filing of this Petition.] The Petition of ___________________________________________________________, whose relationship to the above-named Proposed Ward is_________________________, whose domicile is ____________________________________________________________________, Street Street City City County County State State Zip Code Zip Code and mailing address is ___________________________________________________________, AND [initial either (a) or (b) below] ______ (a) The Petition of ______________________________________________________ whose relationship to the above Proposed Ward is ___________________________, whose domicile is_____________________________________________________, Street Street City County City State County State Zip Code Zip Code and mailing address is _________________________________________________. OR ______ (b) Attached hereto as pages 15 and 16 and made a part of this Petition is the completed affidavit of ____________, a physician, psychologist licensed to practice in Georgia or licensed clinical social worker, who has examined the Proposed Ward within fifteen (15) days prior to the filing of this Petition, and shows to the Court the following: GPCSF 12 [1] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com 1. The Proposed Ward _______________________________________________________ [Full name of Proposed Ward] First Middle Last whose age is ___________, date of birth is __________________________________________, Social Security Number is ____________________________, domicile is __________________ ______________________________________________________________________________ Street City Street County City State County State Zip Code Zip Code presently located at ____________________________________________________________, which is a [type of facility, if applicable] and can be contacted at telephone number: __________ 2. (a) Will the Proposed Ward be moved within the next three (3) days? (b) Is the Proposed Ward a citizen of a foreign country? [Select One] [Select One] Yes No Yes No If you answer "Yes" to (a) and/or (b), provide the necessary information below: (a) The following is