3010 Emergency Petitions

Georgia State Seal

Georgia Division of Aging Services
Adult Protective Services Manual

Chapter:

3000 Investigation and Assessment

Effective Date:

Section Title:

Emergency Petitions

Reviewed or Updated in:

MT 2020-01

Section Number:

3010

Previous Update:

Summary Statement

The filing of an Emergency Guardianship/Conservatorship shall only be filed when there is an immediate, clear, and substantial risk of death or serious physical injury, illness, disease and/or irreparable waste or dissipation of the adult’s assets.

Basic Considerations

Procedures are identical for DHS filing of Emergency and Standard Guardianship and Conservatorship petitions.

Refer to 3009 Guardianship and Conservator Petitions of this manual.

Procedures

DHS Emergency Guardianship Appointment

When the petition filed by APS results in DHS being appointed the Emergency Guardian, APS and PGO must evaluate the need for a permanent guardianship. If permanent guardianship is needed, APS will consult with the SAAG to complete the petition for permanent guardianship.

“Special Jurisdiction” Emergency Guardianship

Notify the Special Assistant Attorney General “SAAG” if the individual for whom a petition for guardianship is being filed has not resided in the state of Georgia for six consecutive months. Under such conditions Georgia probate court may lack jurisdiction under § 29-11-12, refer to MAN 5500 Section 3009 Length of Time in Georgia and the Official Code of Georgia (O.C.G.A. § 29-11-12), however the court may have “special jurisdiction” to:

  • Appoint an emergency guardianship;

  • Issue a conservatorship order in respect of personal property located in this state; or

  • “Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional order to transfer the proceeding from another state has been issued…”

The emergency guardianship length can vary from 60 to 90 days depending on the client’s home state.

Read all emergency orders carefully to determine length of order.

Refer to O.C.G.A. § 29-11-13 and § 29-4-16.

The APS case will remain open or be opened in on-going status while the adult is evaluated for the need for permanent guardianship.

The APS Case Manager shall conduct an interview with:

  • the adult under emergency guardianship;

  • the adult’s primary caregiver;

  • and PGO case manager

within 10 calendar days of the emergency guardianship being appointed.

An Emergency and Permanent Guardianship/Conservatorship petitions can be filed together when it is clear that a permanent guardian/conservator is needed.

References

O.C.G.A. § 30-5-5 Investigation of reports of need for protective services; interference with investigation; provision of protective services
O.C.G.A. 29, Chapter 4 Guardian of an Adult
O.C.G.A. 29, Chapter 5 Conservator of an Adult Alternatives to Guardianship and Conservatorship
Alternatives to Guardianship with Advance Directives
O.C.G.A. § 29-11-12 Requirements for jurisdiction
O.C.G.A. § 29-11-13 Special jurisdiction; emergency appointment of guardian
Probate Court Forms
Guardianship Filing Checklist