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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.
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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.
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.
3.
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.
According to Probate Court Rule 5.6 (A), unless the court specifically assumes the
responsibility, it is the responsibility of the moving party to prepare the proper citation and
deliver it properly so it can be served according to law. Pages after 5 which are labeled court
are to be completed by the moving party, unless otherwise directed by the “Court”.
General Instructions
General instructions applicable to all Georgia probate court standard forms appear in are available
in each probate court.
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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.
, is
Petitioner,
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)
,
of the ward, and is domiciled
is the (relationship)
County, State of
at (address)
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:
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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.
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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
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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
, Georgia,
address is
day of
that I have examined the above-named ward on the
, 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:
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(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)
Typed Name
Notary Public
My commission expires on the
of
, 20
(NOTARIAL SEAL AFFIXED)
day
.
NOTE: The examination on which this affidavit is based must occur WITHIN FIFTEEN DAYS prior
to the filing of the petition.
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GEORGIA PROBATE COURT
STANDARD FORM
Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or
Conservator
Pages after 5 which are labeled “Court”are to be completed by the moving party, unless otherwise
directed by the court.
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).
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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
ORDER FOR EVALUATION
The above and foregoing petition having been read and considered, and it appearing that there is
sufficient evidence to believe that the ward may no longer be in need of a guardian and/or conservator within
the meaning of O.C.G.A. §29-4-1 and/or §29-5-1, it is hereby ordered that
, (physician) (psychologist) (licensed clinical social worker), is appointed to
evaluate the above-named ward at
o’clock .M., on
20
at (location)
.
IT IS FURTHER ORDERED that the above-named ward shall submit to an evaluation at the time
and place stated above;
IT IS FURTHER ORDERED that the evaluator shall explain the purpose of the evaluation to the
ward;
IT IS FURTHER ORDERED that a Clerk/deputy clerk shall immediately notify the ward of these
proceedings by having all pleadings, as well as this order and the notice of proceedings to appoint guardian
and/or conservator, personally served on the ward.
SO ORDERED this
day of
, 20
.
Probate Judge
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CERTIFICATE OF MAILING OF ORDER AND NOTICE OF PROCEEDINGS
ESTATE NO.
This is to certify that I have this day served the petitioner(s); the ward’s guardian ad litem (if any)
and attorney with a copy of the petition, order, and notice of proceedings to restore rights of ward by placing
a copy of same in an envelope addressed to each and depositing same in the U.S. Mail, first-class, with
adequate postage thereon.
This
day of
, 20
.
PROBATE CLERK/DEPUTY CLERK
CERTIFICATE OF MAILING OF ORDER FOR DISMISSAL
ESTATE NO.
This is to certify that I have this day served the ward with a copy of the (petition and)* order for
dismissal by placing a copy of same in an envelope addressed to the ward and depositing same in the U.S.
Mail, first-class, with adequate postage thereon. I have also served a copy of the order for dismissal in the
same manner upon the persons required in said order to be so served.
This
day of
, 20
.
PROBATE CLERK /DEPUTY CLERK
* not necessary if dismissal is after evaluation.
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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
NOTICE TO WARD OF PROCEEDINGS TO RESTORE RIGHTS
TO:
: this is to notify you of a proceeding initiated
in this court by
seeking to restore your rights and to inform you of your right to
independent counsel. If you wish to retain your own attorney, you must notify this court within two days;
otherwise, an attorney will be appointed for you by the court.
You are further notified that
has
been appointed by the Court to evaluate you. If you wish your rights restored, you must submit to an
evaluation by being present at: (location)
at
o’clock
.M. on
, 20
which is not sooner than the fifth day after the service of notice on you.
YOU ARE FURTHER NOTIFIED:
YOU AND YOUR ATTORNEY HAVE THE RIGHT TO ATTEND ANY HEARING HELD ON THIS
MATTER.
Witness my hand and seal this
day of
, 20
.
PROBATE CLERK/DEPUTY CLERK
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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
RETURN OF SHERIFF
I have this day served
personally with a copy of
the within petition, order and notice.
This
day of
, 20
Deputy Sheriff
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.
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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
APPOINTMENT OF ATTORNEY AND GUARDIAN AD LITEM, IF APPLICABLE
It appearing that this Court has not been notified of the retention of counsel by the ward within the
prescribed two-day period,
telephone number
, is hereby appointed as attorney for the ward in this matter.
(initial if applicable)
IT IS FURTHER ORDERED that
appointed as guardian ad litem for the ward, and said individual shall
is
a.
b.
This
attend the restoration hearing and make a recommendation to the Court.
file a written recommendation/report with the Court prior to the hearing
and shall (be excused from appearing at) (attend) the hearing.
day of
, 20
.
Probate Judge
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EVALUATOR’S REPORT REGARDING RESTORATION
GUARDIANSHIP/CONSERVATORSHIP PROCEEDINGS
ESTATE NO.
PETITIONER(S)
WARD
In compliance with the Order of the Probate Court of
County dated
, 20
, I performed an evaluation of the above-named ward
on
, 20
. This evaluation took place at (location)
beginning at
o’clock.
The evaluation continued for
minutes. I explained the purpose of the evaluation
to the ward.
The following questions, instruments, or tests were utilized in the evaluation:
Below is a list of all persons and other sources of information consulted in evaluating the ward:
The following is a description of the ward’s mental and physical state and condition, including all observed
facts considered by me:
The following is a description of the overall social condition of the ward, including support, care, education,
and well-being:
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The following are my findings as to the needs of the ward and their foreseeable duration:
(initial all applicable)
a.
I find that the ward continues to be incapacitated by reason of:
to the extent that said proposed ward lacks sufficient capacity to make or
communicate significant responsible decisions concerning his/her health and
safety.
b.
I find that the ward continues to be incapacitated by reason of:
to the extent that said proposed ward lacks sufficient capacity to make or
communicate significant responsible decisions concerning the management of
his/her property.
c.
I find that the ward now has sufficient capacity to make or communicate significant
decisions concerning his/her health and safety.
d.
I find that the ward now has sufficient capacity to make or communicate significant
responsible decisions concerning the management of his/her property.
Physician licensed under Chapter 34 of Title 43 of the
Official Code of Georgia Annotated
or
Psychologist licensed under Chapter 39 of Title 43 of the
Official Code of Georgia Annotated
or
Licensed Clinical Social Worker
Sworn to and subscribed before me
This
day of
, 20
.
Notary Public/Clerk, Probate Court
My Commission Expires
NOTE: This report must be filed with the Probate Court no later than (7) days after the date of examination.
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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
ORDER FOR DISMISSAL
The above and foregoing petition having been read and considered pursuant to O.C.G.A. §29-411 and/or O.C.G.A. §29-5-11 of the Official Code of Georgia Annotated, and (initial one):
a. Based on the allegations made in the petition and prior to the court-ordered
evaluation, it appears that there is not probable cause to believe that the ward no
longer is in need of a guardian or conservator within the meaning of O.C.G.A.
§29-4-1 and/or O.C.G.A. §29-5-1, therefore, it is
ORDERED that the petition is dismissed.
IT IS FURTHER ORDERED that a copy of the petition, the affidavit, if any,
and this order be served on the ward by first-class mail, and a copy of this order
be served in the same manner upon the petitioner(s) or his/her/their attorney, if
any.
b. Based on the allegations made in the petition and after review and consideration
of the court-ordered evaluation report filed with this court, this court finds that
there is not probable cause to support a finding that the ward no longer is in need
of a guardian or a conservator within the meaning of O.C.G.A. §29-4-1 and/or
O.C.G.A. §29-5-1; therefore, it is
ORDERED that the petition is dismissed.
IT IS FURTHER ORDERED that a copy of this order and the court-ordered
evaluation report be served on the ward, his attorney, his guardian ad litem, if
any, and to the petitioner(s) or her/her/their attorney, if any, by first class mail.
So ordered this
day of
, 20
.
Probate Judge
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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
ORDER AND NOTICE OF HEARING
After review and consideration of the petition and the court-ordered evaluation report filed with this
court, the court finds that there is probable cause to support a finding that the ward no longer is in need of
a guardian and/or conservator within the meaning of O.C.G.A. §29-4-1 and/or O.C.G.A. §29-5-1,
THEREFORE, it is ordered and adjudged that:
1.
A hearing shall be set for
o’clock .M. on
, 20
, which is not less than 10 days from the date that this notice
is mailed, to determine the need for the restoration of the ward’s rights, to be held (in the
Probate Court of
County, courtroom
,
(address)
,
Georgia) (at the following location:
). The ward shall be
represented by
, attorney, at such hearing.
2.
A copy of this order and a copy of the evaluation report shall be sent to the ward, his/her
attorney and guardian ad litem, if any, and to the petitioner(s) and his/her/their attorney,
if any. These copies shall be sent by a Clerk/deputy clerk, first-class mail, as soon as
practicable after the signing of this order.
So ordered this
day of
, 20
.
Probate Judge
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STIPULATION AND WAIVER BY WARD’S ATTORNEY
GEORGIA,
COUNTY
ESTATE NO.
TO THE PROBATE COURT OF SAID STATE AND COUNTY
IN RE: PETITION FOR THE RESTORATION OF RIGHTS OF
, WARD
The undersigned, as the attorney representing the above-named ward in these proceedings, (initial all
applicable:)
a.
does hereby stipulate into evidence the affidavit prepared by (name of affiant
evaluator)
, being the
evaluation report Ordered by the Court in this matter, and hereby waives the
appearance of such affiant at any hearing concerning the said petition.
b.
does hereby stipulate into evidence the affidavit prepared by (name of affiant
evaluator)
,which is the affidavit referred
to in Paragraph 1(b) of the petition), and hereby waives the appearance of such
affiant at any hearing concerning the said petition.
c.
This
does further waive the appearance of my client the ward at said hearing.
day of
, 20
.
Attorney
Typed/printed name of Attorney:
Address:
Telephone:
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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
FINAL ORDER
A hearing was held on the above-referenced petition on
,
20
, and after considering the pleadings, the evaluation report and the evidence taken at the hearing,
the Court makes the following:
FINDINGS OF FACT
1.
All procedural requirements of O.C.G.A. §29-4-11 and O.C.G.A. §29-4-42; and/or O.C.G.A. §29-511 and O.C.G.A. §29-5-72 have been met.
2.
The above-named ward is no longer in need of a guardian and/or conservator because
.
The ward now has sufficient capacity to make or communicate significant decisions concerning his/her
health and safety, and now has sufficient capacity to make or communicate significant responsible decisions
concerning the management of his/her property.
CONCLUSIONS OF LAW
The Court finds, by clear and convincing evidence, that the above-named ward (hereinafter referred
to as "former ward") is no longer in need of a guardian or conservator because the ward now has sufficient
capacity to make or communicate significant responsible decisions concerning his/her health or safety, and
now has sufficient capacity to make or communicate significant responsible decisions concerning the
management of his/her property. Therefore it is
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ORDERED that
is hereby restored to full capacity
and the guardianship/conservatorship of said former ward is hereby terminated.
IT IS FURTHER ORDERED that before any guardian and/or conservator, is released from his/her
trust, that he/she file a Petition for Discharge and Final Return, with an acknowledgment as executed by the
former ward.
IT IS FURTHER ORDERED that a Clerk of this Court shall record the restoration upon all records
of this Court, including the previously issued letters of guardianship/conservatorship.
IT IS FURTHER ORDERED that the Clerk of this Court shall, within 30 days of this order, submit
a certificate to the clerk of the superior court of each county of this state in which the restored ward owns
real property, if any, notifying the clerk to record in the deed records that the ward has been restored to
capacity.
IT IS FURTHER ORDERED that a copy of this Order shall be served by first class mail on the
former ward, the former ward’s attorney; the guardian ad litem, if any; the guardian(s) and/or conservator(s);
the petitioner(s); and his/her/their attorney(s).
SO ORDERED this
day of
, 20
.
Probate Judge/Hearing Officer exercising the
jurisdiction of the Probate Court pursuant
to O.C.G.A. §29-4-12(d)(7) and/or §29-5-12(d)(7)
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CERTIFICATE OF MAILING OF FINAL ORDER
ESTATE NO.
I have this date mailed (or handed) a copy of the above Order to the former ward, his/her attorney,
(his/her guardian ad litem), (his/her representatives,) the guardian(s), the conservator(s), the petitioner(s),
and (petitioner’s attorney).
DATE
PROBATE CLERK/DEPUTY CLERK
CERTIFICATE OF FILING CERTIFICATE OF RESTORATION OF RIGHTS
ESTATE NO.
I have this date hand-delivered and/or mailed for filing a Certificate of Restoration of Rights to
the Clerk of the Superior Court of each of the following counties, together with payment of any
recording costs:
PROBATE CLERK/DEPUTY CLERK
ADDRESS
TELEPHONE
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Probate Court Return Mailing Address:
CERTIFICATE OF RESTORATION OF RIGHTS
(Pursuant to O.C.G.A. §29-5-13(d))
GEORGIA,
County
PROBATE ESTATE NO.
CROSS REFERENCE:
DEED BOOK ________________
PAGE NO. _________________
DATE ORDER ISSUED:
GRANTOR:
(NAME OF CONSERVATOR(S) OF FORMER WARD)
GRANTEE:
(NAME OF FORMER WARD)
The rights of the above Former Ward being restored, the Conservatorship previously created for the
above-named former ward is now DISSOLVED.
Original Certificate delivered or mailed to Clerk of Superior Court of
County on
, 20
.
I do hereby certify that the above information is based on the order
of the Probate Court issued on the date set out above and that the
above information is true and correct.
By:
PROBATE CLERK/DEPUTY CLERK
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