WILLIAM J. SELF, II, JUDGE
PROBATE COURT OF BIBB COUNTY
Petitions for the appointment of guardians of the person and property of incapacitated adults are being filed in increasing numbers. This may be attributable, in large part, to the growing elderly segment of the population and to the seemingly increased incidence of Alzheimer's disease.
We, in the Probate Court of Bibb County, take these proceedings very seriously. Before an order is issued in this Court declaring an adult citizen to be incapacitated and removing from that person certain rights and liberties, there will be compliance with all procedural requirements, which have been designed primarily to afford due process to the proposed ward (the adult who is the subject of the guardianship petition and in whose best interest the Court is to act). The burden of proof rests clearly upon the petitioner(s), and the standard required is clear and convincing evidence.
The Petition for the Appointment of a Guardian of the Person and/or Property of an Alleged Incapacitated Adult is a standard Georgia Probate Court form, copies of which are available in the Clerk's Office. There is a reasonably clear and fairly explanatory instruction sheet. In addition, I have prepared and published a flow-sheet to outline the steps in the process. My staff can answer your questions about the forms and the costs, and Dianne Brannen, Probate Court Ombudsman, or I can answer your questions about the procedure or the legal requirements.
It is very important for any attorney filing such a petition to fully understand the process, the legal requirements, the burden of proof, and the legal effects of the granting of guardianship. We welcome and encourage inquiries from attorneys who are unfamiliar with the procedures but who may find themselves needing to file such a petition for a client. I expect attorneys who represent those seeking guardianship over another to have explained, in reasonable detail, the process and the effect of the granting of guardianship by the Court. Most particularly, I expect counsel to have previously discussed with a proposed guardian the bonding requirement, the reporting requirements and the limitations on the authority of guardians. Prior to issuance of Letters of Guardianship, the named guardian(s) will be required to view a video concerning adult guardianships prepared by the Georgia Council of Probate Judges and I.C.J.E. Surety bonds, when required, must be posted before Letters will issue, and the Court will expect the bond to be posted within ten (10) days after the final hearing. Attorneys for petitioners seeking guardianship over the property of an adult must be aware of the bonding requirement, should make prior contact with an agent for a corporate surety, and should not propose to the Court a person who will be incapable of posting the requisite bond. Counsel should caution any guardian(s) named by Court order that no authority exists to act until Letters of Guardianship are issued.
Advanced costs in the amount of $297.50 are required at the time the petition is filed. This includes $75.00 for the evaluation by the physician or psychologist and $75.00 for the attorney appointed to represent the proposed ward. Although the Court must appoint the evaluating physician or psychologist, we expect the attorney for the petitioner(s) to make the necessaryarrangements with a physician or psychologist for the time and date for the evaluation. My staff can give the names of physicians or psychologists who have performed these evaluations in the past and are familiar with the process and the evaluation report. The Court will only appoint as counsel for the proposed ward an attorney experienced in adult guardianship proceedings or one who has evidenced the capability and willingness to understand the proceedings and the obligations owed to the proposed ward.
I and my staff very much appreciate the Macon Bar Association and the many members who practice in this Court. Do please let us know if we may be of any service to you or if you have any suggestions about how we may more effeciently and effectively serve the Bar and the public.