Guardianship plays a crucial role in special needs estate planning, particularly in cases where individuals require ongoing support and are unable to make decisions independently. In Georgia, establishing guardianship for a special needs individual is an important legal step to ensure their long-term care and decision-making. This blog post aims to provide an in-depth understanding of guardianship in Georgia and its intersection with special needs estate planning, highlighting the legal requirements, responsibilities of a guardian, and the impact on decision-making.


Understanding Guardianship in Georgia 


Guardianship is a legal relationship established by the court, granting authority to a responsible individual, referred to as the guardian, to make personal and financial decisions on behalf of an incapacitated person, known as the ward. In Georgia, guardianship is governed by the Georgia Probate Code and follows specific guidelines and procedures to protect the rights and interests of the ward.


Legal Requirements for Guardianship in Georgia 


To establish guardianship in Georgia, a petitioner must file a petition with the probate court, providing evidence of the ward’s incapacity and the necessity of a guardian. The court will assess the individual’s cognitive and functional abilities, reviewing medical evaluations and other relevant documents. The court will appoint an attorney to represent the alleged incapacitated person’s interests during the proceedings.


Responsibilities of a Guardian 


Once appointed, a guardian assumes significant responsibilities in caring for the ward’s well-being. These responsibilities can vary depending on the specific needs of the special needs individual. A guardian may be responsible for making healthcare decisions, managing finances, arranging living arrangements, coordinating support services, and ensuring the ward’s safety and welfare. The guardian must act in the best interests of the ward and make decisions that promote their overall welfare.


Guardianship and Special Needs Estate Planning 


Guardianship is a critical component of special needs estate planning in Georgia. When parents are no longer able to care for their special needs child, having a guardian in place ensures a seamless transition of care and decision-making. The guardian can work in collaboration with other estate planning tools, such as a Special Needs Trust (SNT), to protect the financial resources of the special needs individual while ensuring their eligibility for government benefit programs.


The Impact on Decision-Making 


With guardianship comes the authority to make decisions on behalf of the ward. These decisions can encompass medical treatment, educational choices, housing options, and other matters that directly affect the special needs individual’s life. It is essential for the guardian to understand the ward’s preferences, values, and wishes to make decisions that align with their best interests while respecting their autonomy to the greatest extent possible.


Seeking Legal Guidance and Support 


Navigating the complexities of guardianship and special needs estate planning in Georgia can be overwhelming. It is advisable to consult with an experienced estate planning attorney who specializes in special needs planning. They can provide guidance throughout the process, ensure compliance with legal requirements, and help create a comprehensive estate plan that addresses the unique needs and circumstances of the special needs individual.




Establishing guardianship is a critical step in special needs estate planning in Georgia. It ensures the long-term care, protection, and decision-making for individuals with special needs who are unable to advocate for themselves. By understanding the legal requirements, responsibilities of a guardian, and the impact on decision-making, families can work towards securing the well-being and future of their loved ones. With the assistance of an experienced attorney, families can navigate the guardianship process and integrate it seamlessly with their overall estate plan, including the establishment of a Special Needs Trust and other necessary documents.


Have Questions? Contact Brian M. Douglas & Associates


If you have questions about creating an estate plan that protects your life’s work and your loved ones, please reach out to Brian M. Douglas & Associates. Our team of experienced estate planning and probate attorneys will be happy to walk you through your best options. To schedule a consultation, you can reach us at (770) 796-7938 or use our online contact form.