Temporary Legal Guardianship Form

Petition for Temporary Letters of Guardianship of Minor

INSTRUCTIONS

I. Specific Instructions

1. This form is to be used for filing a Petition for Temporary Letters of Guardianship of a Minor pursuant to O.C.G.A. § 29-2-5.

2. Notice of the Petition must be given to the “parents” of the Minor. If an objection to the establishment of the temporary guardianship is filed by a parent who is also a “natural guardian,” the Court will dismiss the Petition without a hearing. If a parent who is not a natural guardian objects, a hearing on the matter will be scheduled.

3. Although a mother or father may not be a “legal parent,” the Court may require service on such person.

4. A temporary guardianship will be deemed to be a permanent guardianship for the purposes of obtaining medical insurance coverage for the Minor if the guardian assumes in writing the obligation to support the Minor while the guardianship is in effect to the extent that no other sources of support are available.

5. Unless otherwise permitted by the Probate Court in which the Petition is filed, a separate Petition must be filed for each minor.

6. According to Uniform Probate Court Rule 5.6 (A), unless the Court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law.

7. O.C.G.A. § 53-11-2 provides that a party to a probate proceeding who is not sui juris must be represented by a guardian provided that the Court may appoint a guardian ad litem or determine that the natural guardian, guardian, conservator or testamentary guardian has no conflict and may serve.

8. Use Supplement 2 if the Court determines it is necessary to appoint a special process server.

9. Use Supplement 3 when an additional certificate of service is necessary.

10. Exhibits should be labeled at the bottom of each exhibit as Exhibit “A,” Exhibit “B,” etc. in consecutive order.

11. An oath must be administered by a Probate Judge or Clerk (the oath cannot be administered by a notary public).

II. General Instructions

General instructions applicable to all Georgia Probate Court Standard Forms are available in each Probate Court or at www.gaprobate.gov, labeled GPCSF 1.

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF )
)
, ) ESTATE NO.
MINOR )

PETITION FOR TEMPORARY GUARDIANSHIP OF A MINOR

The Petition of , who is/are domiciled in County and reside(s) at the following address(es):

who has/have actual physical custody of the Minor named above and whose mailing address(es) is/are:

show(s):

1. , age , whose date of birth is , is found at:

2. A copy of the Minor’s birth certificate is attached as Exhibit “.”

3. Said Minor is in need of a temporary guardian. The Petitioner(s) has/have the following relationship(s) with the Minor:

4. The Minor’s Mother is:

a. Is the Mother deceased? Yes No

b. Has the Mother signed a consent for the creation of this temporary guardianship? Yes No

c. Is the Mother’s address known and listed above? Yes No

d. Have the Mother’s rights been terminated via Court Order? Yes No

e. Has the Mother lost custody via Court Order? Yes No

f. Does the Mother have joint legal custody via Court Order? Yes No

g. Does the Mother have sole legal custody via Court Order? Yes No

h. Was the Mother married to the Father of the child during or after the conception of the Child? Yes No

i. Was the Mother married to another during the conception, gestation or birth of the Child? Yes No

If yes, list that man’s name below:

5. The Minor’s Father is:

a. Is the Father deceased? Yes No

b. Has the Father signed a consent for the creation of this temporary guardianship? Yes No

c. Is the Father’s address known and listed above? Yes No

d. Have the Father’s rights been terminated via Court Order? Yes No

e. Has the Father lost custody via Court Order? Yes No

f. Does the Father have joint legal custody via Court Order? Yes No

g. Does the Father have sole legal custody via Court Order? Yes No

6. Is the Minor fourteen years of age or older? Yes No

If you answer “Yes,” and the Minor made a selection, attach the Minor’s Selection for the Petitioner(s) to act as temporary guardian(s) as Exhibit “.”

7. The temporary guardianship is needed because:

8. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission. Also, state here all pertinent facts that may govern the method of giving notice to any party and that may determine whether or not a guardian ad litem should be appointed for any party.]

WHEREFORE, Petitioner(s) pray(s) that:

1. Service be perfected as provided by law; and

2. Petitioner(s) be appointed temporary guardian(s) of the Minor named above.

Signature of Attorney

Printed Name of Attorney

Address

Telephone Number

State Bar #

VERIFICATION

GEORGIA, COUNTY

Personally appeared before me the undersigned Petitioner(s) who, after being duly sworn, state(s) that the facts set forth in the foregoing Petition for Temporary Letters of Guardianship of Minor (and the attached Exhibit(s)) are true and correct.

SELECTION BY MINOR IF AGE 14 OR OLDER

I, the undersigned Minor, being 14 years of age or older and a resident of County, select to be appointed my guardian(s).

This day of , 20.

Sworn to and subscribed before me this

Signature of Minor if age 14 or over

NOTARY/CLERK OF PROBATE COURT

Printed Name

My Commission Expires

CONSENT OF MOTHER

I, , Mother of the above named Minor, do hereby consent to the creation of a temporary guardianship and the appointment of

and also acknowledge service of the Petition for Appointment of a Temporary Guardian for said Minor and waive any and all further service and notice concerning said Petition.

I further understand that, pursuant to O.C.G.A. § 29-2-8 (b), upon a petition for termination by a natural guardian as defined in said statute, the Court will remove the Temporary Guardian(s) and dissolve the temporary guardianship unless an objection is timely filed by the appointed Temporary Guardian(s).

Sworn to and subscribed before me this

Signature of Mother

NOTARY/CLERK OF PROBATE COURT

Printed Name of Mother

My Commission Expires

CONSENT OF FATHER

I, , Father of the above named Minor, do hereby consent to the creation of a temporary guardianship and the appointment of

and also acknowledge service of the Petition for Appointment of a Temporary Guardian for said Minor and waive any and all further service and notice concerning said Petition.

Sworn to and subscribed before me this

Signature of Father

NOTARY/CLERK OF PROBATE COURT

Printed Name of Father

My Commission Expires

ASSUMPTION OF OBLIGATION TO SUPPORT (OPTIONAL)

The undersigned, if appointed temporary guardian(s) of the above named Minor, assume(s) the obligation to support the Minor while the guardianship is in effect to the extent that no other sources of support are available.

Sworn to and subscribed before me this

Signature of First Petitioner

NOTARY/CLERK OF PROBATE COURT

Printed Name of First Petitioner

My Commission Expires

Sworn to and subscribed before me this

Signature of Second Petitioner, if any

NOTARY/CLERK OF PROBATE COURT

Printed Name of Second Petitioner, if any

My Commission Expires

ORDER FOR SERVICE

It appearing that the Mother of the Minor named in the Petition has not acknowledged and consented to the Petition and that:

(a) she resides at a known address in the State of Georgia and she must, therefore, be served by personal service.

(b) she resides at a known address outside the State of Georgia and she must, therefore, be served by first class mail.

(c) her current address is unknown and she must, therefore, be served by publication once a week for two weeks.

It appearing that the Father of the Minor named in the Petition has not acknowledged and consented to the Petition and that:

(a) he resides at a known address in the State of Georgia and he must, therefore, be served by personal service.

(b) he resides at a known address outside the State of Georgia and he must, therefore, be served by first class mail.

(c) his current address is unknown and he must, therefore, be served by publication once a week for two weeks.

NOTICE

Date of mailing, if any Date of second publication, if any

TO:

You are hereby notified that has filed a Petition seeking to be appointed temporary guardian(s) of the above-named Minor.

All objections to the Petition to the appointment of a temporary guardian or the appointment of the Petitioner(s) as temporary guardian(s), must be in writing, setting forth the grounds of any such objections, and be filed with this Court no later than fourteen (14) days after this notice is mailed, or ten (10) days after this notice is personally served upon you, or ten (10) days after the second publication of this notice if you are served by publication.

NOTE: If a natural guardian files a timely objection to the creation of the temporary guardianship, the Petition will be dismissed.

If a natural guardian files an objection to the appointment of the Petitioner(s) as guardian(s), or if a parent who is not a natural guardian files an objection to the Petition, a hearing on the matter shall be:

County, courtroom , address , Georgia on at o’clock .

(scheduled at a later date). If no objection is filed, the Petition may be granted without a hearing.

Judge of the Probate Court

By: Clerk of the Probate Court

Address

Telephone Number

CERTIFICATE OF SERVICE

I do hereby certify that I have this day mailed a copy of the above Notice, Petition, and Order for Service to each party to whom the Notice is directed who resides outside the State of Georgia at a known current address, in a properly addressed and stamped envelope, by first class mail, unless otherwise noted below.

This day of , 20.

Clerk of the Probate Court

Address

Telephone Number

ORDER ESTABLISHING TEMPORARY GUARDIANSHIP OF MINOR

Upon reading and considering the foregoing Petition (and Selection) and it appearing that each parent has acknowledged and consented to the Petition or been properly served with notice of this proceeding, and no objection having been filed,

IT IS ORDERED that , Petitioner(s), be, and hereby is/are, appointed Temporary Guardian(s) of the above Minor and that Temporary Letters of Guardianship issue to said Petitioner(s) upon taking the oath as required by law.

IT IS FURTHER ORDERED that the Temporary Guardian(s) shall file a Personal Status Report with the Court sixty (60) days from the date of this Order and on the anniversary date of this Order each year thereafter.

IT IS FURTHER ORDERED that this guardianship shall be deemed to be a permanent guardianship for the purposes of the Guardian(s) obtaining medical insurance coverage for the Minor because the Guardian(s) has/have assumed in writing the obligation to support the Minor while the guardianship is in effect to the extent that no other sources of support are available.

SO ORDERED this day of , 20.

Judge of the Probate Court

CERTIFICATE OF SERVICE

I do hereby certify that I have this day mailed a copy of the above Final Order to each Petitioner at a known current address, in a properly addressed and stamped envelope, by first class mail, unless otherwise noted below.

This day of , 20.

Clerk of the Probate Court

Address

Telephone Number

TEMPORARY LETTERS OF GUARDIANSHIP OF MINOR

TO:

The above-named Minor has been found by this Court to be in need of a guardian and this Court has entered an Order appointing the above named individual(s) as such Guardian(s), who has/have assented to this appointment by taking the oath. In general, the duties of the Guardian(s) are to protect and maintain the person of the Minor.

Special Instructions:

1. It is your duty to see that the Minor is adequately fed, clothed, sheltered, educated, and cared for and that the Minor receives all necessary medical attention;

2. You must keep the Court informed of any change in your name and/or address;

3. You should inform the Court of any change of address of the Minor;

4. If the Order appointing you requires, you must file an annual Personal Status Report concerning the Minor; and

5. Your authority to act pursuant to these Letters is subject to applicable statutes and to any special orders entered in this case.

If initialed, the guardianship shall be deemed a permanent guardianship for the purposes of the Guardian(s) obtaining medical insurance coverage for the Minor.

Given under my hand and official seal, the day of , 20.

Judge does not sign the original of this document:

Issued by: [Seal]

Clerk of the Probate Court