Adult Guardianship in Georgia: What Families Need to Know

Most people hear “guardianship” and think of children. In Georgia, there is a separate and very different process for adults who can’t manage their own affairs because of dementia, serious mental illness, catastrophic injury, or other conditions. Adult guardianship is a court-supervised way to protect a vulnerable adult’s health, safety, and daily needs. (When ongoing money management is also required, the court may appoint a conservator for financial decisions.)

Who May Need an Adult Guardian?

• Young adults with lifelong disabilities who still need help making medical or personal decisions after turning 18.

• Adults with sudden incapacity (e.g., traumatic brain injury, stroke) who can’t safely manage their own care.

• Older adults with cognitive decline (Alzheimer’s, dementia) who can’t reliably handle health decisions, medications, or living arrangements.

• Adults with serious mental health conditions (e.g., schizophrenia, severe depression) when judgment and self-care are impaired.

How the Process Works in Georgia

A family member (or another concerned person) files a guardianship petition in the probate court of the county where the adult resides. The court reviews medical evidence and may appoint a guardian ad litem to investigate. If the judge finds that the adult lacks sufficient capacity, the court can appoint a guardian (for personal and medical decisions) and, when needed, a conservator (for financial decisions).

Local Examples

• McDuffie County (Thomson): Petitions are filed in the McDuffie County Probate Court. Judges often require affidavits from doctors or other qualified medical staff, along with evaluations and caregiver input, before making a decision on capacity and need.

  
  

• Columbia County (Evans): We frequently get calls from families who want to “do a POA” for a loved one who is already struggling with dementia or similar conditions.

  
  

  ⚠️ Important—POA & Capacity (Plain-English Clarifier):

  • A valid durable POA that was properly signed earlier—while the person still understood what they were signing—continues to be valid.

  • What you cannot do is create a new POA if your loved one no longer has the capacity to understand it. In that situation, the court will not honor a newly signed POA, and guardianship (and sometimes conservatorship) is the correct legal path.

    
    

• Richmond County (Augusta): The probate court regularly hears combined guardianship and conservatorship cases when both personal care and financial management safeguards are needed.

Why Families Often Need Guardianship (Not a POA)

Many families call us after a loved one’s capacity has already declined. By then, it’s too late to execute a new POA. Guardianship is the legal tool Georgia courts provide to let you step in—for medical decisions, living arrangements, medications, and day-to-day protection—when your loved one can no longer make or communicate informed decisions.

How We Help

At Dallas & Gracey Law Firm, we handle adult guardianship matters in Columbia, McDuffie, Richmond, and nearby counties. We help you:

• Gather the right medical documentation to prove capacity concerns.

• File the petition with the probate court.

• Prepare for any guardian ad litem review or hearing.

• Tailor the guardianship order to your loved one’s needs (guardian only, or guardian plus conservator).

If your loved one can’t manage their own care anymore, we can help you take the right legal steps—quickly and compassionately. Contact us to get started.