Guardianship vs. Conservatorship in Georgia: Key Differences Explained
When a family member loses the ability to make sound decisions for themselves — whether due to dementia, a traumatic injury, a developmental disability, or another incapacitating condition — the people who love them are often left asking: what do we do now?
Georgia law provides two legal mechanisms for exactly this situation: guardianship and conservatorship. Understanding the difference between them is essential for any family navigating these difficult circumstances. In many cases, both may be needed at the same time.
At Fennell, Briasco & Associates™, our probate attorneys assist Georgia families in Cobb, Cherokee, Fulton, Bartow, Forsyth, and Pickens Counties with these petitions. Here is what you need to know.
The Core Difference: Person vs. Property
The simplest way to understand the distinction:
- Guardianship covers the person — their physical wellbeing, healthcare, and daily life decisions.
- Conservatorship covers the property — their finances, bank accounts, real estate, and other assets.
A person can have a guardian, a conservator, or both, depending on the nature and extent of their incapacity.
Guardianship in Georgia: Protecting Personal Wellbeing
A legal guardian is appointed by the probate court to act on behalf of an incapacitated adult (the "ward") who can no longer make sound decisions about their own health or personal safety. Common circumstances include a loved one developing Alzheimer's disease or dementia, a serious stroke, or a severe mental health condition.
Once appointed, the guardian may make decisions about:
- Medical treatment and healthcare providers
- Where the ward lives, including placement in a care facility
- Day-to-day personal care, diet, and activities
After appointment, Georgia law requires the guardian to file a Personal Status Report with the probate court at least once per year. The court's goal is to protect the ward, not simply to vest power in the guardian.
Conservatorship in Georgia: Protecting Financial Assets
A conservator is appointed to manage the property and financial affairs of an incapacitated adult who can no longer responsibly handle their own money and assets. This becomes critical when a loved one is at risk of financial exploitation, making irrational financial decisions, or simply can no longer manage bill payments and bank accounts.
After appointment, the conservator must:
- Submit an Inventory and Asset Management Plan to the probate court
- File Annual Returns documenting how the ward's assets are being managed
- Post a bond in most cases — essentially a security deposit to protect the ward's assets against mismanagement
An important distinction: a person's Last Will and Testament does not take effect until death. A conservator fills the gap between incapacity and death, protecting assets when the owner can no longer do so themselves.
Can One Person Serve as Both Guardian and Conservator?
Yes. In many cases the same person — often a spouse, adult child, or close family member — is appointed to serve in both roles. Whether the court combines or separates the appointments depends on the circumstances and the best interests of the ward.
Who Can Be Appointed in Georgia?
Georgia probate courts appoint a guardian or conservator who will serve the best interests of the ward. Courts generally consider, in order of preference:
- A spouse
- An adult child
- A parent
- A trusted friend or relative
- Any adult specifically designated by the ward prior to incapacity (e.g., in a durable power of attorney)
- A County or Public Guardian, if no suitable private individual is available
This is one reason why executing advance directives and durable powers of attorney while you are still healthy is so important — it lets you designate who manages your affairs if you become incapacitated.
The Petition Process: Step by Step
Step 1 – File a Petition
File a Petition for Appointment of a Guardian or Conservator in the probate court of the county where the incapacitated adult lives. The petition must include documentation of the proposed ward's health condition and, for conservatorship, information about their financial assets.
Step 2 – Notice
The probate court sends notices to interested parties, including other family members and the proposed ward. The proposed ward has the right to independent legal counsel throughout the proceedings.
Step 3 – Evaluation
An independent physician, psychologist, or licensed clinical social worker must evaluate the proposed ward's decision-making capacity. This protects the ward and helps the court determine the appropriate scope of the guardian or conservator's authority.
Step 4 – Hearing
The probate court holds a formal hearing where evidence is reviewed and any objections are heard. Because appointment effectively removes decision-making rights from a person, the court takes its role seriously.
Step 5 – Ongoing Oversight
Appointment is not the end of the court's involvement. Both guardians and conservators have ongoing annual reporting obligations to the probate court.
Emergency Guardianship and Conservatorship
In urgent situations, such as when a loved one suffers a sudden traumatic injury and immediate medical decisions must be made, Georgia law provides for emergency (temporary) guardianship and conservatorship. Emergency appointments typically last approximately 60 days until a formal hearing is held. If you are facing a time-sensitive situation, do not delay in seeking legal counsel.
How Fennell, Briasco & Associates™ Can Help
Guardianship and conservatorship proceedings involve strict procedural requirements, court deadlines, and ongoing obligations. An error in the petition process can delay your ability to protect a loved one, sometimes at significant cost to their wellbeing or financial security.
Our team brings both legal expertise and genuine compassion to every case. Learn more about our Georgia guardianship and conservatorship services , or call (770) 479-0248 for a FREE consultation. You can also explore our full range of probate law services in Georgia.
This post is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this post. For advice specific to your situation, please contact a licensed Georgia attorney.
