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

Long Term Care Services for Veterans

The Veteran's Administration (the VA) makes long-term care support available for qualifying veterans in several…

2 weeks ago

2025 Medicare Part B Premium and Part A Co-Pays

On November 8, Medicare announced the 2025 premiums and Co-Pays. The standard monthly premium for…

3 weeks ago

Oath for Georgia Guardians and Personal Representatives

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

1 month ago

Form: Affidavit of Diligent Search

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

1 month 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…

1 month ago

Notice Concerning Fiduciary Relationship – IRS Form 56

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

1 month ago