Temporary Guardianships

Sometimes parents are temporarily unable to care for their minor children and must place them with a friend or relative who can care for the children until the custodial parent(s) can do so again. In these situations, a Temporary Guardianship of the Minor can be useful to the parties so that the temporary guardian can enroll the child in school, authorize medical treatment, and more.

Filing Process

Either the proposed guardian or a parent of the child for whom a guardianship is sought may pick up a Petition for Temporary Letters of Guardianship of Person of Minor from our office. This Georgia Probate Court Standard Form is also available at the official statewide Probate Court website. The petition available at our office has other, non-standard forms that will also need to be filled out, including a Consent Form for a criminal background check and a guardian questionnaire.

Acknowledgment & Consent

The petitioner(s) must fill out and sign a consent form allowing Probate Court to receive information concerning their criminal records. The signed, notarized consent form(s) should be filed with the guardianship petition. The fee is $5 for each person's criminal record check and this fee will be charged with the filing fees for the petition.

The person filing the petition should neatly complete pages 1, 2 and page 3 before filing with the court. Make sure the blanks on  Acknowledgment and Consent form (page 6) are filled in properly before the parents sign this page. By signing this page, the parents are consenting to the appointment of the proposed temporary guardian.

Signature & Identity Requirements

Where indicated, the petition must be signed in the presence of a notary public or a Probate Court clerk and the appropriate seal affixed. Proper identification of the person(s) signing the document must be provided.

A copy of the minor's birth certificate showing the full name of the minor and parent information will be required.

Minor Accompaniment

If a minor is between the ages of 14 and 18, he or she should accompany the proposed guardian to the court in order to sign, in the presence of a court clerk, the selection of the petitioner as temporary guardian (page 5).

Petition Approval

Once pages 1, 2, 3 and 6 of the petition, the consent form, and the questionnaire are completed, the proposed guardian can file them with a court clerk. At this time, a clerk will prepare the notice section of the Petition for Temporary Letters of Guardianship, if necessary.

After complying with all of the necessary legal requirements and if your petition is approved, then the final order will be granted and Temporary Letters of Guardianship will be issued to you. The certified copy of the Letters of Temporary Letters of Guardianship will be mailed to the Temporary Guardian 7 to 10 days after they are issued.

For More Information

Please call 770-830-5840 if you need further information or have procedural questions. Questions of a legal nature must be directed to an attorney.