Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Petition For Restoration Of Individual Found To Be In Need Of Guardian-Conservator Form. This is a Georgia form and can be use in Probate Court Statewide.
Loading PDF...
Tags: Petition For Restoration Of Individual Found To Be In Need Of Guardian-Conservator, Georgia Statewide, Probate Court
GEORGIA PROBATE COURT
STANDARD FORM
Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or
Conservator
INSTRUCTIONS
I.
Specific Instructions
1.
2.
II.
This form is to be used for filing a Petition for the Reinstatement of a Ward (formerly
Incapacitated Adult) pursuant to O.C.G.A. §29- 4-42 and O.C.G.A. §29-5-72.
The burden of proof is on the petitioner to show by a preponderance of the evidence that
there is no longer a need for a guardianship and/or conservatorship.
General Instructions
General instructions applicable to all Georgia probate court standard forms appear in Volume 255
of the Georgia Reports and are available in each probate court.
Effective 7/07
GPCSF 65Petitioner
American LegalNet, Inc.
www.FormsWorkflow.com
GEORGIA PROBATE COURT
STANDARD FORM
PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
,
WARD
)
)
)
)
)
)
ESTATE NO.
PETITION FOR RESTORATION OF
AN INDIVIDUAL FORMERLY FOUND TO
BE IN NEED OF A GUARDIAN AND/OR
CONSERVATOR
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
[NOTE: Unless there are two or more petitioners, the affidavit on page 9 must be completed by a physician, psychologist, or
licensed clinical social worker based upon an examination within 15 days prior to the filing of this petition.]
1.
Petitioner,
, is
a. the Ward
b. the (relationship)
of the ward, and
is domiciled at (address)
County, State of
, telephone number
, and
(Initial either a. or b. below):
a.
(Second Petitioner, if any)
,
is the (relationship)
of the ward, and is domiciled
at (address)
County, State of
telephone number
, show that
or
b.
attached hereto as page 4 and made a part of this petition is the completed affidavit of
, a physician or
psychologist licensed to practice in Georgia or a licensed clinical social worker, who has
examined the ward within fifteen days prior to the filing of this petition, show that:
Effective 7/07
-1-
GPCSF 65Petitioner
American LegalNet, Inc.
www.FormsWorkflow.com
2.
The ward is domiciled at (address)
County, State of
, and is presently located at
,
and can be contacted at (telephone number):
.
3.
The proposed ward no longer is in need of a guardian and/or conservator because:
(NOTE: the Petition cannot be granted unless sufficient facts are presented which support the claim for the restoration of the Ward.
While an attached physician’s/psychologist’s/social worker’s affidavit is permissible, the Petitioner(s) MUST specifically allege
sufficient facts to support the granting of this Petition.)
4.
(Name(s) or n/a)
currently serve(s) as the guardian and (Name(s) or n/a)
as the conservator.
5.
Additional Data: Where full particulars are lacking, state here the reasons for any such omission.
Effective 7/07
-2-
GPCSF 65Petitioner
American LegalNet, Inc.
www.FormsWorkflow.com
WHEREFORE, petitioner(s) pray(s):
1.
that service be perfected as required by law;
2.
that the court appoint legal counsel and an evaluator for the ward and order an evaluation
as required by law;
3.
that upon receipt of the evaluation report, the court order a hearing to determine the
continued need for a guardian and/or conservator for the ward; and
4.
that the ward’s rights be restored.
Signature of first petitioner
Signature of second petitioner, if any
Printed Name
Printed Name
Address
Address
Telephone Number
Telephone Number
Signature of Attorney:
Typed/printed name of Attorney:
Address:
Telephone:
State Bar #
VERIFICATION
GEORGIA,
COUNTY
Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set
forth in the foregoing petition are true.
Sworn to and subscribed before
me this
day of
, 20
.
First Petitioner
NOTARY/CLERK OF PROBATE COURT
Printed Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
Second Petitioner, if any
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
Effective 7/07
Printed Name
-3-
GPCSF 65Petitioner
American LegalNet, Inc.
www.FormsWorkflow.com
STATE OF GEORGIA
COUNTY OF
PROBATE COURT OF
RE:
COUNTY
Petition for RESTORATION of
, a Ward.
AFFIDAVIT OF PHYSICIAN, PSYCHOLOGIST, OR LICENSED CLINICAL SOCIAL WORKER
I, being first duly sworn, depose and say that I am a physician licensed to practice under Chapter 34
of Title 43 of the Official Code of Georgia Annotated, a psychologist licensed to practice under Chapter 39
of Title 43 of the Official Code of Georgia Annotated, or a Licensed Clinical Social Worker; that my office
address is
, Georgia,
that I have examined the above-named ward on the
day of
, 20
, and that I
found him/her to
(initial all applicable):
a.
(for restoration regarding guardianship:) now have sufficient capacity to make or
communicate significant responsible decisions concerning his/her health or safety.
b.
(for restoration regarding conservatorship:) now have sufficient capacity to make
or communicate significant responsible decisions concerning the management of
his/her property.
c.
(for retention of guardianship:) still lack sufficient capacity to make or
communicate significant responsible decisions concerning his/her health or safety.
d.
(for retention of conservatorship:) still lack sufficient capacity to make or
communicate significant responsible decisions concerning the management of
his/her property.
The following facts support said diagnosis:
Effective 7/07
-4-
GPCSF 65Petitioner
American LegalNet, Inc.
www.FormsWorkflow.com
(RESTORATION FORM, cont.)
WITNESS MY HAND AND SEAL this
day of
, 20
.
Sworn to and subscribed before me this
day of
, 20
.
Signature of (Physician)(Psychologist)(Social Worker)
Notary Public
My commission expires on the
of
, 20
(NOTARIAL SEAL AFFIXED)
day
Typed Name
.
NOTE: The examination on which this affidavit is based must occur WITHIN FIFTEEN DAYS prior
to the filing of the petition.
Effective 7/07
-5-
GPCSF 65Petitioner
American LegalNet, Inc.
www.FormsWorkflow.com
