How to File for Conservatorship in Georgia

When a loved one loses the ability to manage their financial affairs — whether from a serious illness, progressive cognitive decline, a sudden accident, or another incapacitating condition — someone needs to be legally authorized to step in. In Georgia, that legal mechanism is conservatorship: a court-supervised arrangement in which a person is appointed to manage the financial affairs and property of someone who can no longer do so themselves.

Filing for conservatorship is not a quick or casual process. It requires gathering evidence, completing formal court documents, notifying all interested parties, attending hearings, and fulfilling significant ongoing obligations once appointed. Understanding what each stage involves — and why each step exists — helps families approach the process with realistic expectations.

What Conservatorship Covers

In Georgia, conservatorship specifically addresses financial and property matters. A conservator is authorized to manage bank accounts, pay bills, handle investments, manage real estate, file tax returns, and make financial decisions on behalf of the person under conservatorship — called the ward. The conservator does not automatically have authority over personal or medical decisions; those are handled separately under a guardianship arrangement. In some cases, a family will seek both guardianship and conservatorship simultaneously, naming one or two individuals to cover all aspects of the ward's care.

Step 1: Determine Whether Conservatorship Is Necessary

Before filing, it's worth assessing whether less invasive options might address the situation. If the ward previously executed a valid durable power of attorney naming someone to manage their finances, that agent may already have the legal authority to act — without any court proceeding. Similarly, if assets are held in a living trust, the successor trustee may be able to step in without court involvement.

Conservatorship is appropriate when no prior planning documents exist, when those documents are inadequate, or when the named agent is no longer available or suitable. Courts prefer less restrictive alternatives where they exist.

Step 2: Gather Supporting Documentation

The petition for conservatorship must be supported by evidence demonstrating the proposed ward's incapacity and the need for court-appointed management. Critical documents include medical evaluations from a licensed physician, psychologist, or clinical social worker who has examined the proposed ward — ideally within the 15 days before filing — along with financial statements showing the ward's assets and obligations, and documentation of the petitioner's relationship to the proposed ward.

If only one person is filing the petition (as opposed to two or more co-petitioners), Georgia law requires that the petition be accompanied by an affidavit from a qualified evaluator confirming the proposed ward's incapacity.

Step 3: File the Petition With the Probate Court

The petition for conservatorship is filed with the probate court in the county where the proposed ward lives. Georgia uses standard probate court forms, including the Petition for Appointment of Conservator and the Consent to Serve as Conservator. Filing fees must be paid at the time of submission. The petition must include the proposed ward's name and address, the petitioner's identity and relationship to the ward, a detailed explanation of why conservatorship is needed, a description of the ward's assets, and confirmation that no other person has sufficient authority or willingness to act.

Step 4: Service and Notification

Once the petition is filed, all interested parties must be formally notified of the proceedings. This typically includes the proposed ward, their spouse, adult children, parents, and any other close family members. The proposed ward has the right to know that proceedings have been initiated against them, to retain legal counsel, and to appear at the hearing and contest the petition.

Step 5: Court Investigation and Review

The probate court may appoint an independent evaluator — sometimes called a court visitor or investigator — to review the situation. This person may speak with the proposed ward directly, review medical and financial records, and submit a report to the court summarizing their findings. The report helps the judge assess whether conservatorship is warranted and what scope of authority is appropriate.

Step 6: The Hearing

A hearing is scheduled at which the petitioner presents their case. The proposed ward may appear, be represented by an attorney, and raise objections. Other family members may also appear to support or contest the petition. The judge reviews the petition, the evaluator's report, and any testimony or evidence presented, and issues a ruling.

If the judge determines conservatorship is warranted, they will issue an Order of Conservatorship, specify the scope of the conservator's authority, and set the bond amount.

Step 7: Taking the Oath and Posting Bond

Before the Letters of Conservatorship are issued — the document that formally authorizes the conservator to act — the appointed conservator must take an oath before the court and post a surety bond. The bond is a financial guarantee, similar to an insurance policy, protecting the ward's estate in case the conservator mismanages funds. The bond amount is set by the court based on the value of the ward's assets. If the conservator cannot obtain a bond within 60 days, the court may appoint a county conservator instead.

Ongoing Responsibilities After Appointment

Conservatorship does not end at the courtroom door. Once appointed, the conservator carries substantial continuing obligations.

Within 60 days of appointment, the conservator must file an Inventory and Asset Management Plan with the court — a comprehensive accounting of the ward's assets and a plan for how they will be managed, spent, and preserved going forward.

Thereafter, Annual Returns are due within 60 days of the anniversary of the appointment date every year. These reports document all income received, all expenses paid, and the current state of the ward's assets. They must be supported by receipts and records of all transactions. The court reviews these returns to confirm the conservator is fulfilling their fiduciary duty.

The conservator may also petition the court for approval before making major financial decisions — such as selling real estate or making significant investments — depending on the scope of authority granted in the original order.