Guardianship & Conservatorship

Guardianship and Conservatorship — What's the Difference?

These two forms of legal authority are often needed together, but they cover different ground.

Guardianship gives a designated person authority over personal decisions — where someone lives, what medical care they receive, and how their day-to-day life is managed. Conservatorship gives authority over financial decisions — managing assets, paying bills, and handling property on someone else's behalf.

In many situations, a family member petitions for both. The right combination depends on what the person can and cannot safely manage on their own, and we help families think through that at the start.

When Guardianship Is the Right Step

Guardianship matters generally fall into two situations.

The first is an aging parent or family member whose cognitive decline — from dementia, a stroke, or another condition — has reached the point where they can no longer make safe decisions and do not have powers of attorney in place that would allow a trusted person to act on their behalf.

The second is an adult child with a developmental or intellectual disability turning 18. At that point, parental decision-making authority ends by law — regardless of how significant the disability. Guardianship through the Georgia probate court is the legal mechanism that allows parents to continue their protective role.

Both situations are serious. Both are navigable. And when families are aligned on the need, the process is more orderly than most people expect.

When Your Child Turns 18 — and Parental Authority Ends

For families with a child who has a developmental disability, the eighteenth birthday is a legal deadline, not just a milestone. Once your child reaches adulthood, you no longer have automatic authority to make medical decisions, access educational records, or manage financial affairs on their behalf.

If your child cannot safely make those decisions independently, guardianship and conservatorship proceedings should begin before that birthday — not after. The Georgia probate court process takes time, and arriving at 18 without an order in place can leave families without legal authority precisely when they need it most.



We work closely with special needs planning clients on this transition and can coordinate guardianship with the broader planning already in place for your family.

How the Georgia Probate Court Process Works

Guardianship and conservatorship in Georgia are established through the probate court in the county where the proposed ward lives. The process involves filing a petition, serving notice on the proposed ward and certain family members, and attending a hearing before the probate judge. If the matter is uncontested and the evidence is clear, the court appoints the guardian or conservator and issues letters of guardianship or conservatorship establishing legal authority.



We appear regularly in Fayette County Probate Court and Coweta County Probate Court and know these courts' processes, timelines, and requirements well. That familiarity matters when you're working through something this time-sensitive.

The Proactive Alternative — Planning Before It's Needed

Guardianship proceedings can sometimes be avoided entirely with proper planning. A durable financial power of attorney and a healthcare power of attorney — drafted while a person is still legally competent — give a trusted family member the authority to act without court involvement.

If your parent or loved one is in early cognitive decline and still has legal capacity, now is the time to put those documents in place. Waiting until capacity is lost removes that option.

Uncontested Matters Only — and Why That Matters

We handle guardianship and conservatorship cases where family members are aligned and the need for protection is clear. We do not handle contested cases — situations where there is a dispute about whether guardianship is needed, who should serve, or the scope of authority being sought.



That focus keeps the process efficient and the experience manageable for families who are already under significant stress. If your situation involves a dispute, we will tell you that plainly in the first conversation and help you identify the right kind of representation.

Questions Families Ask About Guardianship in Georgia

Let's Talk Through Your Family's Situation

If you're not sure whether guardianship or conservatorship is the right path, the free 15-minute consultation is the place to start. No preparation required — just a conversation about where things stand.