A parent or a guardian (each a “designated individual”) may appoint a standby guardian of a minor. O.C.G.A. § 29-2-10. Upon determination that the designating individual is unable to care for the minor, the standby guardian, without judicial intervention, may assume all rights, duties and responsibilities of guardianship of the minor. The standby guardian must file a notice of standby guardianship with the probate court where the minor lives. A statutory form appears at O.C.G.A. § 29-2-11(c). The form must be signed by the designating individual and two witnesses. Within 120 days from the date of the health determination, the standby guardian must file a petition seeking temporary guardianship; the standby guardianship terminates upon the earlier of 120 days from the date of the health determination, or the death of the designating individual.

Published by
David McGuffey

Recent Posts

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she…

2 weeks ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before…

2 weeks ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of…

2 weeks ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of…

2 weeks ago

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

1 month ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 months ago