People Involved in the Guardianship Process
So, who are all the different people? There is the proposed guardian or conservator, that’s usually the petitioner also, that’s you, you are the proposed guardian. The propose ward is your child. The petitioner is the one who is telling the court we need a guardian here. Often times the petitioner and the proposed guardian are the same people. If you use two petitioners, mom and dad, you do not need to do the doctors affidavit. If there is only one petitioner, you need to fill out the doctor’s affidavit that you downloaded in the packet on GAprobate.org. It can be any two adults. It can be a friend, an uncle, any two adults; both of them have to be available to come to court though. You are the ones saying court we need a guardian. If you have two of them you do not have to fill out the doctor’s affidavit that was part of the original packet. If there is only on petitioner, than you have to fill out the doctor’s affidavit. The doctor’s affidavit, the physical exam, has to be done within fifteen days after you file with the court. Timing can be really critical there if you are on day sixteen, the court can not accept the petition. You haven’t even gotten out of the starting gate. I’d suggest using two petitioners that way you don’t have that time crunch. There might be a guardian ad litem appointed, the court, usually referred to as the court, consists of the judge and the clerks. The clerks play a very important role in this whole process. If a guardianship is established you will work with those clerks for the rest of your child’s life. So be nice to them, even if they aren’t nice to them, even if they aren’t nice to you, they can make your life difficult. There is also that independent medical examiner.
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