Petition For Restoration Of Individual Found To Be In Need Of A Guardian {GPCSF 65}

PETITION FOR THE RESTORATION OF AN INDIVIDUAL FORMERLY 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 Restoration of a Ward (formerly Incapacitated Adult) pursuant to O.C.G.A. § 29-4-42 and § 29-5-72. 2. 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/conservatorship. 3. 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 may 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. 4. In any case in which the Ward's rights are restored, when the Former 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 Former Ward owns real property within thirty (30) days of the date of such order. 5. 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 firearm permit. 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. 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 65 [i] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ___________________________________, WARD ) ) ) ) ESTATE NO. ____________ PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR [NOTE: Unless there are two or more Petitioners, the affidavit beginning on page 5 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. The Petition of ___________________________________________________________ [Full name of Petitioner] First Middle Last whose relationship to the above named Ward is __________________________________, whose domicile is ____________________________________________________________________, Street City Street County City State County Zip Code State Zip Code and mailing address is ___________________________________________________________, AND [Initial either (a) or (b) below] _______ (a) The Petition of _____________________________________________________ [Full name of Petitioner] First Middle Last whose relationship to the above named Ward is __________________________________, whose domicile is ____________________________________________________________________, Street City Street County City OR State County Zip Code State Zip Code and mailing address is ___________________________________________________________, _______ (b) attached as pages 5-6 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 Ward within fifteen (15) days prior to the filing of this Petition, and shows to the Court the following American LegalNet, Inc. www.FormsWorkFlow.com GPCSF 65 [1] Eff. July 2016 2. The Ward _______________________________________________________________ [Full name of Ward] First Middle Last whose age is ________, date of birth is ________________________, Social Security Number is __________________________, domicile is _________________________________________, Street Street City City County County State State Zip Code Zip Code and is presently located at_________________________________________________________, which is a (type of facility, if applicable) ___________________________________________ and can be contacted at telephone number: ___________________________________________. 3. The Ward is no longer in need of a guardian and/or conservator because: [NOTE: The Petition cannot be granted unless sufficient facts are presented that 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.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com GPCSF 65 [2] Eff. July 2016 4. [NOTE: please provide the name or specify "N/A"] The current guardian(s) is/are _________________________________________________ and The current conservator(s) is/are _______________________________________________. 5. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ WHEREFORE, petitioner(s) pray(s): that service be perfected as required by law; 1. that the court appoint legal counsel and an evaluator for the Ward and order an evaluation 2. 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/