Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights is a commonly used form within Georgia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights:

• This form pertains to the State of Georgia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Georgia’s Form GPCSF 65 - Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Georgia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Georgia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form GPCSF 65, take a break, and then review. Probate and estate settlement processes in GA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form GPCSF 65 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form GPCSF 65 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Georgia.

5 reasons you should submit GPCSF 65 as quickly as possible:

1. The sooner you begin, the faster Georgia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Georgia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Georgia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Georgia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Georgia probate clerk or court for exact answers regarding Form GPCSF 65, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights is one of the many probate court forms available for download through Atticus.

It may also be available through some Georgia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Georgia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form GPCSF 65 - Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Georgia probate court office.

Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Georgia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Georgia Form GPCSF 65 - Petition For Termination Of Guardianship/conservatorship And Restoration Of Rights. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 65 [i] Eff. July 2021 PETITION FOR TERMINATION OF GUARDIANSHIP/CONSERVATORSHIP AND RESTORATION OF RIGHTS INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a petition for termination of guardianship/ conservatorship pursuant to O.C.G.A. §§ 29-4-42; 29-5-72. 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/conservatorship. 3. According to Uniform 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 may be served according to law. All pages after the notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party, unless otherwise directed by the Court. 4. [Note to Court Staff:] In any case in which the ward’s rights are restored, when the former ward owns real property, a certificate of restoration of rights will be completed by the clerk of the probate court and filed with the clerk of the superior court of each county of this State in which the former ward owns real property within 30 days of the date of such order. 5. [Note to Court Staff:] The certificate to the Georgia Bureau of Investigation (GBI) page shall be used in all cases where a guardianship and/or conservatorship is/are established. Individuals so listed in this database will be prohibited from obtaining a Georgia weapons carry license. In the event the ward’s rights are restored, such restoration of rights shall be sent to the GBI, so the database can be updated. Only the certificate needs to be sent to the GBI and not the guardianship order. II. General Instructions General instructions applicable to all Georgia Probate Court Standard Forms are available in each probate court or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 65 [1] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) PETITION FOR TERMINATION OF GUARDIANSHIP/CONSERVATOR AND RESTORATION OF RIGHTS [Unless there are two or more petitioners, the affidavit beginning on page 5 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. The petition of ___________________________________________________________ [Full name of petitioner] First Middle Last (who is the ward), (whose relationship to the above-named ward is _______________________), whose domicile is ______________________________________________________________, Street City County State Zip Code and mailing address is ___________________________________________________________, Street City County State Zip Code AND [Initial either (a) or (b) below] _______ (a) The petition of _____________________________________________________ [Full name of petitioner] First Middle Last (who is the ward), (whose relationship to the above-named ward is________________________), whose domicile is ______________________________________________________________, Street City County State Zip Code and mailing address is __________________________________________________________. Street City County State Zip Code OR _______ (b) attached as pages 5-6 and made a part of this petition is the completed affidavit of, a physician, psychologist, or licensed clinical social worker licensed to practice in Georgia, who has examined the ward within 15 days prior to the filing of this petition, and shows to the Court the following GPCSF 65 [2] Eff. July 2021 2. The ward _______________________________________________________________ [Full name of ward] First Middle Last whose age is ________, date of birth is ________________________, Social Security number is __________________________, domicile is _________________________________________, Street City County State Zip Code and is presently located at ________________________________________________________, Street City County State Zip Code which is a _____________________________________________________________________ [Type of facility, if applicable] and can be contacted at telephone number: ___________________________________________. 3. The ward is no longer in need of a guardian and/or conservator because: [The petition cannot be granted unless sufficient facts are presented that support the claim for the restoration of the ward’s rights. 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.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 65 [3] Eff. July 2021 4. [ Please provide the name or specify “N/A”] The current guardian(s) is/are _________________________________________________ and the current conservator(s) is/are ____________________________________________________. 5. Additional data: [Where full particulars are lacking, state here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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 ____________________________________ ____________________________________ ____________________________________ ____________________________________ Mailing Address Mailing Address ____________________________________ ____________________________________ Telephone Number Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 65 [4] Eff. July 2021 VERIFICATION GEORGIA, ___________________ COUNTY Personally appeared before me the undersigned petitioner(s) who, after being duly sworn, state(s) that the facts set forth in the foregoing petition for termination of guardianship/ conservatorship and restoration of rights (and the attached exhibit(s)) are true and correct. Sworn to and subscribed before me this ______ day of _______________, 20_____ ____________________________________ Signature of First Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of First Petitioner My Commission Expires: ________________ --------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ ____________________________________ Signature of Second Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Second Petitioner My Commission Expires: ________________ GPCSF 65 [5] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ 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, and that I have examined the above-named ward on the ______ day of _____________, 20 _______. [The examination on which this affidavit is based must occur WITHIN 15 DAYS prior to the filing of the petition.] I found him/her to: [Initial all that apply] _______ (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. GPCSF 65 [6] Eff. July 2021 The following facts support my opinion: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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) ____________________________________ Printed Name: ____________________________ NOTARY/CLERK OF PROBATE COURT My Commission Expires: _______________ [The examination on which this affidavit is based must occur WITHIN 15 DAYS prior to the filing of the petition.] GPCSF 65 [7] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) ACKNOWLEDGMENT OF SERVICE The undersigned, being 18 years of age or older, laboring under no legal disability and being an interested person identified in paragraph 4, hereby acknowledges service of a copy of petition for termination of guardianship/conservatorship and restoration of rights, waives further service and notice. Sworn to and subscribed before me this ______ day of _______________, 20_____ ____________________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ --------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ ____________________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ --------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ ____________________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ GPCSF 65 [8] Eff. July 2021 NOTICE THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE UNIFORM PROBATE COURT RULE 5.6 (A). GPCSF 65 [9] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) ORDER FOR SERVICE AND EVALUATION A petition for termination of guardianship/conservatorship/restoration of rights 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 ____:____ ____.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 shall immediately notify the ward, the conservator (if any), the guardian (if any), and the ward’s legal counsel of these proceedings by having all pleadings, as well as this order and a notice of petition to restore an individual formerly found to be in need of a guardian and/or conservator pursuant to O.C.G.A § 29-4-42 and/or § 29-5-72. SO ORDERED this ______ day of _________________________, 20______. _______________________________________ Judge of the Probate Court GPCSF 65 [10] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) NOTICE TO WARD OF PROCEEDINGS TO TERMINATE GUARDIANSHIP/CONSERVATORSHIP AND TO RESTORE RIGHTS TO: __________________________________________________________________________ This is to notify you of a proceeding initiated in this Court by ______________________ and ___________________________ seeking to terminate guardianship/conservatorship and 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 ____:____ __.m., on ___________________ 20_____, which is not sooner than the fifth day after the service of notice on you. Failure to present yourself for evaluation at the time and place above will authorize the Court to order you transported directly to and from a medical facility or the office of the physician, psychologist, or licensed clinical social worker for the court-ordered evaluation. YOU ARE FURTHER NOTIFIED: 1. YOU MUST ATTEND THE EVALUATION. 2. YOU DO NOT HAVE TO RESPOND TO QUESTIONS DURING THE EVALUATION. 3. YOUR ATTORNEY HAS A RIGHT TO ATTEND THE EVALUATION WITH YOU, BUT YOUR ATTORNEY MAY NOT PARTICIPATE. 4. YOU AND YOUR ATTORNEY HAVE THE RIGHT TO ATTEND ANY HEARING HELD ON THIS MATTER. 5. IF A GUARDIAN IS APPOINTED FOR YOU, YOU MAY LOSE IMPORTANT RIGHTS TO CONTROL AND MANAGE YOUR PERSON. GPCSF 65 [11] Eff. July 2021 6. IF A CONSERVATOR IS APPOINTED FOR YOU, YOU MAY LOSE IMPORTANT RIGHTS TO CONTROL AND MANAGE YOUR PROPERTY. WITNESS MY HAND AND SEAL this ___________ day of ____________________, 20_____. _______________________________________ Clerk of the Probate Court _______________________________________ Printed Name GPCSF 65 [12] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) CERTIFICATE OF MAILING OF ORDER AND NOTICE OF PROCEEDINGS 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_____. _______________________________________ Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number CERTIFICATE OF MAILING OF ORDER FOR DISMISSAL 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_____. _____________________________________ Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number * Not necessary if dismissal is after evaluation. GPCSF 65 [13] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) 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 _________________________ County, Georgia GPCSF 65 [14] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) APPOINTMENT OF ATTORNEY It appears that the ward has not notified the Court of his or her retention of counsel; therefore, the attorney named below is hereby appointed as counsel for the ward: Printed Name of Attorney: __________________________________________________ Address: ___________________________________________________ ___________________________________________________ Telephone Number: ___________________________________________________ The clerk shall serve the appointed attorney with a copy of the petition and any amendments, any objections, and all other orders pertaining to this case via First-Class Mail. SO ORDERED this ______ day of _________________________, 20______. ____________________________________ Judge of the Probate Court I certify that I have on this date mailed (unless otherwise noted) in an envelope with proper postage affixed thereto for First-Class delivery a copy of this order to the parties at the address listed in the petition, and a copy of all the pleadings to the attorney as ordered. This ______ day of _____________________, 20_____. _____________________________________ Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number GPCSF 65 [15] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) COURT APPOINTED EVALUATOR’S REPORT 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 _______________ ________________________________________________________________________________. The evaluation continued for __________ (minutes)(hours). I explained the purpose of the evaluation to the ward. The following questions and 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, and the functional capabilities of the ward, if determined by the evaluator: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 65 [16] Eff. July 2021 The following are my findings as to the needs of the ward and their foreseeable duration: [Initial all that apply] _______ (a) I find that the ward continues to be incapacitated by reason of: __________________________________________________________________ to the extent that said 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 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/ Psychologist licensed under Chapter 39 of Title 43 of the Official Code of Georgia Annotated/ Licensed Clinical Social Worker Sworn to and subscribed before me this _____ day of _______________, 20_____. _____________________________________ NOTARY/CLERK OF PROBATE COURT My Commission Expires: _________________ [This report must be filed with the Probate Court no later than seven days after the date of examination.] GPCSF 65 [17] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) ORDER FOR DISMISSAL The petition for termination of guardianship/conservatorship/restoration of rights having been read and considered pursuant to O.C.G.A. § 29-4-42 and/or O.C.G.A. § 29-5-72, 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______. _______________________________________ Judge of the Probate Court GPCSF 65 [18] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) 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 _______ : _______ ___.m. on ____________________, 20____, which is not less than ten 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 as well as to the Court appointed guardian, if any, and the Court appointed conservator, if any. These copies shall be sent by a clerk, First- Class Mail, as soon as practicable after the signing of this order. SO ORDERED this ______ day of _________________________, 20______. ____________________________________ Judge of the Probate Court GPCSF 65 [19] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) STIPULATION AND WAIVER BY WARD’S ATTORNEY The undersigned, as the attorney representing the above-named Ward in these proceedings, [Initial all that apply] _______ (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(s) 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) does further waive the appearance of my client, the ward, at said hearing. This ______ day of _________________________, 20______. ________________________________________________ Attorney Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar # _______________________ GPCSF 65 [20] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) FINAL ORDER A hearing was held on the petition for termination of guardianship/conservatorship and restoration of rights 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. § 29-5-11 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 preponderance of the 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. GPCSF 65 [21] Eff. July 2021 THEREFORE IT IS 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, he/she must file a petition for discharge and final return if appropriate, with an acknowledgment as executed by the former ward and that petition for discharge and final return, if appropriate, must be approved by the Court. 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______. _______________________________________ Judge of the Probate Court/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) GPCSF 65 [22] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) CERTIFICATE OF MAILING OF FINAL ORDER 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 Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number CERTIFICATE OF FILING CERTIFICATE OF RESTORATION OF RIGHTS 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 to the following: ______________________________________________________________________________ ______________________________________________________________________________ _______________________________ _______________________________________ Date Clerk of the Probate Court _______________________________________ _______________________________________ Address _______________________________________ Telephone Number GPCSF 65 [23] Eff. July 2021 Probate Court Return Mailing Address: _______________________________ _______________________________ [Above space to be used for filing in superior court clerk’s office of deeds and records] IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) CERTIFICATE OF RESTORATION OF RIGHTS (Pursuant to O.C.G.A. § 29-5-13 (d)) CROSS REFERENCE: DEED BOOK: _________________ DATE ORDER ISSUED: _______________________ PAGE NO.: ____________________ 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: ____________________________________________ Clerk of the Probate Court GPCSF 65 [24] Eff. July 2021 CERTIFICATE OF GUARDIANSHIP/CONSERVATORSHIP TERMINATED *Mandatory Field Make Electronic Submissions via the Georgia Criminal Justice Information System (CJIS) Network -OR- Mail Guardianship / Conservatorship forms to: Georgia Crime Information Center Attention: Georgia Crime Information Center Attention: CJIS Operations Unit 3121 Panthersville Rd. Decatur, Georgia 30034 *DATE OF ORDER (mm/dd/yyyy) *JUDGE’S NAME *PROBATE COURT COUNTY/ORI NUMBER *ESTATE NUMBER THE FOLLOWING INDIVIDUAL HAS BEEN ADJUDICATED TO LACK SUFFICIENT MENTAL CAPACITY AND GUARDIANSHIP/CONSERVATORSHIP HAS BEEN ESTABLISHED. THE ORDER REFERENCED ABOVE TERMINATES SUCH APPOINTMENT. *NAME (Last, First, Middle) *SEX *RACE *DATE OF BIRTH (mm/dd/yyyy) SOCIAL SECURITY NUMBER (###-##-####) CURRENT ADDRESS (Street Address) CITY STATE ZIP CODE SIGNATURE (Court Official) DATE SIGNED *Court Official’s Title GPCSF 65 [25] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ WARD ) CERTIFICATE OF FILING OF CERTIFICATE OF GUARDIANSHIP/CONSERVATORSHIP TERMINATED I hereby certify that the above-stated information is true and correct and that I have this date mailed this certificate of guardianship/conservatorship terminated to the Georgia Bureau of Investigation by placing copies of same in an envelope addressed as set forth above and depositing same in the U.S. Mail, First-Class, with adequate postage thereon. This ______ day of ___________________________, 20____. ________________________________________________ Clerk of the Probate Court