9055 Terminating Guardianship

Georgia State Seal

Georgia Division of Aging Services
Public Guardianship for Adults Manual

Chapter:

9050 End of Guardianship

Effective Date:

03/01/2022

Section Title:

Terminating Guardianship

Reviewed or Updated in:

MT 2022-03

Section Number:

9055

Previous Update:

MT 2019-02

Summary Statement

The Department of Human Services (DHS) shall take action to petition the probate court to modify or terminate a guardianship in certain circumstances.

Requirements

DHS shall take action to petition the probate court to modify or terminate a guardianship when:

  1. Someone on the preference order list is identified and willing to serve as guardian.

  2. The condition of the person under guardianship has significantly changed to the extent that restoration of some or all rights is indicated.

Additionally, the DHS shall be removed as guardian in accordance with O.C.G.A. § 29-4-3(b.1): "If, after having been so appointed, the department presents to the court a public guardian registered in accordance with Chapter 10 of this title or some other person suitable and appropriate to serve as guardian of a [person under guardianship] and willing to so serve, the court shall allow the department to resign and shall appoint such public guardian or such other person."

DHS, as guardian, does not vouch for the qualifications, suitability, or availability of a proposed successor guardian. The agency will present the name to the court in accordance with O.C.G.A. § 29-4-3(b.1) for the probate court judge to determine suitability and appropriateness.

Georgia Code on Termination of Guardianship

O.C.G.A. § 29-4-42. Termination of guardianship; required evidence; burden of proof; return of property.

  1. Upon the petition of any interested person, including the [person under guardianship], or upon the court’s own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and property rights to the [person under guardianship]. Except for good cause shown, the court shalt order that notice of the petition be given, in whatever form the court deems appropriate, to the [person under guardianship], the guardian, the [person]'s legal counsel, if any, and the [person]'s conservator, if any. The court shall appoint legal counsel for the [person under guardianship] and may, in its discretion, appoint a guardian ad litem.

  2. A petition for termination must be supported either by the affidavits of two persons who have knowledge of the [person under guardianship], one of whom may be the petitioner, or of a physician licensed to practice medicine under chapter 34 of Title 43, a psychologist licensed to practice under chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of O.C.G.A. § 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate.

  3. In any proceeding under this Code section, the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the guardianship.

  4. No petition for termination of a guardianship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the guardianship unless the petitioner shows a significant change in the condition or circumstances of the [person under guardianship].

  5. The death of the [person under guardianship] automatically terminates the guardianship, except as otherwise provided O.C.G.A. § 29-4-43.

  6. Upon termination of the guardianship, the guardian shall deliver any money or property to the [person under guardianship] or, if a conservator has been appointed for the [person under guardianship], to that conservator or, if the [person under guardianship] is deceased, to the [person]'s personal representative.