Fill and Sign the Temporary Legal Guardianship Form Georgia Free Download

GPCSF 28 [i] Eff. July 2017  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 Let ters 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 Mi nor. If an objection to the establishment of the tempor ary guardianship is filed by a p arent who is also a “natural guardian,” the Court will dismiss the Petition without a hearing. If a parent who is not a natural guardian objec ts, a hearing on the matter will be scheduled. A “parent” is defined as the biological or adoptive father or m other whose parental rights have not been su rrendered or terminated. Howev er, in the case of a child born out of wedlock, the Father shall be considered a “pa rent” only if he has legitimated the Minor. A father of a child born out of wedlock has legitimated the Min or if he married the Mother after the child’s birth or obtained an order of legi timation from a court of competent jurisdiction. A “natural guardian” is defined as each parent, unless the parents are divorced. If one parent has sole legal cus tody, that parent is the sole “natural guardian.” If both parents have joint legal custody, then both parents are th e “natural guardians.” 3. Although a mother or father may not be a “legal parent,” the Co urt may require service on such person. 4. A temporary guardianship will be deemed to be a permanent guard ianship for the purposes of obtaining medical insurance coverage for the Minor if the guardian assumes in writing the obligation to support the Minor while th e guardianship is in effect to the extent that no ot her sources of support are avail able. 5. Unless otherwise permitted by the Probate Court in which the Pe tition is filed, a separate Petition must be file d for each minor. Contact the Pr obate Court in which the Petition will be filed for its policy. If the filing of one Pe tition for more than one minor is permitted by the Probate Court, modify the Petition accordin gly. 6. According to Uniform Probate Court Rule 5.6 (A), unless the Cou rt specifically assumes the responsibility, it is the responsibility of the mov ing party to prepare the proper citation and deliver it pr operly so it can be served according to law. All pages after the Notice regarding Unif orm Probate Court Rule 5.6 (A) a re to be completed by the moving party, unless otherw ise directed by the Court. GPCSF 28 [ii] Eff. July 2017  7. O.C.G.A. § 53-11-2 provides that a party to a probate proceedin g who is not sui juris must be represented by a guardian provided that the Court may a ppoint a guardian ad litem or determine that the natural guardian, guardian, conserv ator or testamentary guardian has no conflict and may serve. Should a guardian ad l item be necessary because a party is not sui juris, use Supplement 1. 8. Use Supplement 2 if the Court determines it is necessary to app oint a special process server. 9. Use Supplement 3 when an addition al certificate of service is necessary. 10. Exhibits should be labeled at the bottom of each exhibit as Exh ibit “A,” Exhibit “B,” etc. in consecutive order. The corresponding letter of each sa id exhibit should be inserted into the appropriate place in the form. 11. An oath must be administered by a Probate Judge or Clerk (the oath cannot be administered by a notary public). Use Georgia Probate Court Su pplement 4 for the oath. The oath is not included in this form. Georgia Probate Court Standard Form 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. 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. GPCSF 28 [1] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) PETITION FOR TEMPORARY G UARDIANSHIP OF A MINOR The Petition of ___________________________________________________________, [Full name(s) of Petitioner(s)] First Middle Last who is/are domiciled in ____________________________ County and reside(s) at the following address(es): ___________________________________________________________________, Street City County State Zip Code who has/have actual physical custody of the Minor named above a nd whose mailing address(es) is/are: ________________________________________________________________________, Street City County State Zip Code show(s): 1. _______________________________________________________________________, [Full name of Minor] First Middle Last age _________, whose date of birth is _________________________ ________, is found at: _____________________________________________________________________________, Street City County State Zip Code 2. A copy of the Minor’s birth certi ficate is attached as Exhibit “______.” 3. Said Minor is in need of a temporary guardian. The Petitioner (s) has/have the following relationship(s) wit h the Minor: ____________________________________________________. GPCSF 28 [2] Eff. July 2017  4. The Minor’s Mother is: ____________________________________________________________________________, [Full name of Mother] First Middle Last ______________________________________________________________________________ Street City County State Zip Code a. Is the Mother deceased? [Select One] □ Yes □ No If yes, attach death cer tificate as Exhibit “______” and skip b-g b. Has the Mother signed a consent for the [Select One] □ Yes □ No creation of this temporary guardianship? c. Is the Mother’s addre ss known and listed above? [Select One] □ Yes □ No d. Have the Mother’s rights b een terminated via Court [Select One] □ Yes □ No Order? If yes, attach the Order as Exhibit “ ______.” e. Has the Mother lost custody via Court Order? [Select One] □ Yes □ No If yes, attach the Order as Exhibit “ ______.” f. Does the Mother have j oint legal custody [Select One] □ Yes □ No via Court Order? If yes, attach the Order as Exhibit “ ______.” g. Does the Mother have sole legal custody [Select One] □ Yes □ No via Court Order? If yes, attach the Order as Exhibit “ ______.” h. Was the Mother married to the Father of the child during [Select One] □ Yes □ No or after the conception of the Child? i. Was the Mother married to another during the [Select One] □ Yes □ No conception, gestation or birth of the Child? If yes, list that man’s name below: GPCSF 28 [3] Eff. July 2017  _______________________ ________________________________________ ___________, [Full name of Mother’s Husband] First Middle Last ______________________________________________________________________________ Street City County State Zip Code 5. The Minor’s Father is: ____________________________________________________________________________, [Full name of Father] First Middle Last ______________________________________________________________________________ Street City County State Zip Code a. Is the Father deceased? [Select One] □ Yes □ No If yes, attach death cer tificate as Exhibit “______” and skip b-g. b. Has the Father signed a consent for the [Select One] □ Yes □ No creation of this temporary guardianship? c. Is the Father’s addre ss known and listed above? [Select One] □ Yes □ No d. Have the Father’s rights been terminated via Court [Select One] □ Yes □ No Order? If yes, attach the Order as Exhibit “ ______.”   e. Has the Father lost custody via Court Order? [Select One] □ Yes □ No If yes, attach the Order as Exhibit “ ______.” f. Does the Father have joint legal custody [Select One] □ Yes □ No via Court Order? If yes, attach the Order as Exhibit “ ______.” g. Does the Father have sole legal custody [Select One] □ Yes □ No via Court Order? If yes, attach the Order as Exhibit “ ______.” 6. Is the Minor fourteen ye ars of age or older? [Select One] □ Yes □ No If you answer “Yes,” and the Minor made a se lection, attach the Minor’s Selection for the Petitioner(s) to act as te mporary guardian(s) as Exhibit “ ______.” GPCSF 28 [4] Eff. July 2017  7. The temporary guardianship is needed because: ______________________________________________________________________________ ______________________________________________________________________________ 8. Additional Data: [Where full particulars are lacking, st ate here the reasons for any such omission. Also, state here all pe rtinent 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 perfect ed as provided by law; and 2. Petitioner(s) be appointed temporary guardian(s) of the Minor named above. _____________________________________ ____________________________________ Signature of First Petitioner Signature of Second Petitioner, i f any _____________________________________ ____________________________________ Printed Name Printed Name _____________________________________ ____________________________________ _____________________________________ ____________________________________ Mailing Address Mailing Address _____________________________________ ____________________________________ Telephone Number Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar #______________ __________   GPCSF 28 [5] Eff. July 2017  VERIFICATION GEORGIA, ______________________ COUNTY Personally appeared before me the undersigned Petitioner(s) wh o, 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 Exhibi t(s)) are true and correct. Sworn to and subscribed before me this ______ day of _______ ________, 20_____ _____________________________________ Signature of First Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of First Petitioner My Commission Expires ________________ --------------------------------------------------------------- ----------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Second Petitioner, if any ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Second Petitioner , if any My Commission Expires ________________ GPCSF 28 [6] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) 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 ______ day of _______________, 2 0_____ ________ _____________________________ Signature of Minor if age 14 or over ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ________________ Exhibit “______” GPCSF 28 [7] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) CONSENT OF MOTHER I, ________________ ___________________________________________ __________, [Full name of Mother] First Middle Last ______________________________________________________________________________ Street City County State Zip Code Mother of the above na med Minor, do hereby c onsent to the creation of a temporary guardianship and the appointment of [list all parties to whom you wish to grant temporary guardianship]: ____________________________________________________________________________, [Full name of first Temporary Guardian] First Middle Last ____________________________________________________________________________, [Full name of second Temporary Guardian] First Middle Last and also acknowledge service of the Petition for Appointment of a Temporary Guardian for said Minor and waive any and all furthe r 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 [see instructions], the Court will remove the Temporary Guardian(s) and dissolve the temporary guardianship u nless an objection is timely filed by the appointed Temporary Guardian(s). If an objection is timely filed to such petition for termination, the Juvenile Court or the Probate Court shall dete rmine, after notice and hearing, whether a continuation or disso lution of the temporary guardian ship is in the best interest of the Minor. I understand that nothing herein, including any optional Assumption by the Guardian(s) of the obligation to support the Minor to the extent that no other sources of support are available, affects my legal obligation to support and maintain said Minor. Sworn to and subscribed before me this ______ day of _______________, 20_____. __________________ __________________ Signature of Mother ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COUR T Printed Name of Mother My Commission Expires ________________ GPCSF 28 [8] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) CONSENT OF FATHER I, ________________ ___________________________________________ __________, [Full name of Father] First Middle Last ______________________________________________________________________________ Street City County State Zip Code Father of the above named Minor , do hereby consent to the creation of a temporary guardianship and the appointment of [list all parties to whom you wish to grant temporary guardianship]: ____________________________________________________________________________, [Full name of first Temporary Guardian] First Middle Last ____________________________________________________________________________, [Full name of second Temporary Guardian] First Middle Last and also acknowledge service of the Petition for Appointment of a Temporary Guardian for said Minor and waive any and all furthe r 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 [see instructions], the Court will remove the Temporary Guardian(s) and dissolve the temporary guardianship u nless an objection is timely filed by the appointed Temporary Guardian(s). If an objection is timely filed to such petition for termination, the Juvenile Court or the Probate Court shall dete rmine, after notice and hearing, whether a continuation or disso lution of the temporary guardian ship is in the best interest of the Minor. I understand that nothing herein, including any optional Assumption by the Guardian(s) of the obligation to support the Minor to the extent that no other sources of support are available, affects my legal obligation to support and maintain said Minor. Sworn to and subscribed before me this ______ day of _______________, 20_____. __________________ __________________ Signature of Father ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Father My Commission Expires ________________ GPCSF 28 [9] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) ASSUMPTION OF OBLIGATION TO SUPPORT (OPTIONAL) The undersigned, if appointed t emporary guardian(s) of the above named Minor, assume(s) the obligation to support the Minor while the guardianship is i n effect to the extent that no other sources of support are available. Sworn to and subscribed before me this ______ day of _______________, 20_____. ____________________________________ Signature of First Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Pr inted Name of First Petitioner My Commission Expires ________________ --------------------------------------------------------------- ----------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____. ____________________________________ Signature of Second Petitioner, if any ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Pr inted Name of Second Petitioner, if any My Commission Expires ________________ Exhibit “______” GPCSF 28 [10] Eff. July 2017  NOTICE THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE PROBATE COURT RULE 5.6 (A). GPCSF 28 [11] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) 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: [Initial all that apply] _____ (a) she resides at a known a ddress in the State of Georgia and she must, therefore, be served by personal service. _____ (b) she resides at a known ad dress outside the State of Georgia and she must, therefore, be served by first class mail. _____ (c) her current address is unknown and she must, therefor e, be served by publication once a week for two weeks. It appearing that the Father of the Minor named in the Petitio n has not acknowledged and consented to the Petition and that: [Initial all that apply] _____ (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 a ddress 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. THEREFORE, IT IS ORDERED that notice issue and be served as ind icated above and in accordance with law. SO ORDERED this _____ day of __________________, 20____. __________________________________________ Judge of the Probate Court GPCSF 28 [12] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) NOTICE Date of mailing, if any ______________ Date of second public ation, 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 gu ardian or the appointment of the Petitioner(s) as temporary guardian(s), must be in writing, set ting 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. A ll objections should be sworn to before a notary public or Georgia probate court clerk and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. C ontact Probate Court personnel for the required amount of filing fees. NOTE: If a natural guardian files a timely objection to the cre ation 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 (held in the Probate Court of _______________ County, courtroom __________, address _________________________________ _______, Georgia on ________________ at _______ o’clock ____.m.) (scheduled at a la ter 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   GPCSF 28 [13] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ MINOR ) CERTIFICATE OF SERVICE I do hereby certify that I have this day mailed a copy of the a bove 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 addre ss, in a properly addressed and stamped envelope, by first class mail, unless otherwise noted below. This ________ day o f ____________________, 20_____. __________________________________________ Clerk of the Probate Court __________________________________________ Address __________________________________________ __________________________________________ Telephone Number GPCSF 28 [14] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ___________ _ MINOR ) ORDER ESTABLISHING TEMPO RARY GUARDIANSHIP OF MINOR Upon reading and considering th e foregoing Petition (and Selection) and it appearing that each parent has acknowledged and consented to the Petition or b een properly served with notice of this proceeding, and no obj ection having been filed, IT IS ORDERED that ______________________________________, Peti tioner(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 t he Temporary Guardian(s) shall file a Personal Status Report with the Court sixty (60) days from the date of this Ord er and on the anniversary date of this Order each year thereafter. [If this paragraph is initialed, a pe rsonal status report is required. If this paragraph is not initialed, the Court in its discretion and in accordance with O.C.G.A. § 29-2-7 (a) expressly waives the requireme nt to file a personal status report.] [Initial if applicable] ______ IT IS FURTHER ORDERED that this guardianship shall be de emed 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 o bligation to support the Minor while the guardianship is in e ffect to the extent that no other sources of support are available. SO ORDERED this _____ day of __________________, 20____. __________________________________________ Judge of the Probate Court GPCSF 28 [15] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ___________ _ MINOR ) 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 o f ____________________, 20_____. __________________________________________ Clerk of the Probate Court __________________________________________ Address __________________________________________ __________________________________________ Telephone Number GPCSF 28 [16] Eff. July 2017  IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ___________ _ MINOR ) ___________________________________, ) DATE OF BIRTH ) TEMPORARY LETTERS OF GUARDIANSHIP OF MINOR TO: ______________________________________________________, Tem porary Guardian(s) The above-named Minor has b een found by this Court to be in need of a guardian and this Court has entered an Order appointing the above named individua l(s) as such Guardian(s), who has/have assented to this appoint ment by taking the oath. In general, the duties of the Guardian(s) are to protect and maintai n the person of the Minor. Special Instructions: 1. It is your duty to see that the Minor is adequately fed, clothe d, sheltered, educated, and cared for and that the Minor receives all necessary medical att ention; 2. You must keep the Court inform ed of any change in your name and /or address; 3. You should inform the Court of any change of address of the Min or; 4. If the Order appointing you requires, you must file an annual P ersonal Status Report concerning the Minor; and 5. Your authority to act pursuant to these Letters is subject to a pplicable statutes and to any special orders entered in this case. [Initial if applicable] _____ If initialed, the guardianship shall be deemed a permane nt guardianship for the purposes of the Guardian(s) obtaini ng medical insurance coverage for the Minor. Given under my hand and offici al seal, the _______ day of _________________, 20___. ____________________________________ NOTE: The following must be signed if the Judge of the Probate Court Judge does not sign the original of this document: Issued by: [Seal] _________________________________ Clerk of the Probate Court