Milton, FL asked in Family Law, Elder Law and Probate for Georgia

Q: Adult guardianship petition (adult with autism, disability diagnosis) question.

Does Georgia law permit a probate court judge discretion to 1) refuse to order an evaluation by a physician, psychologist or a licensed clinical social worker, 2) If no, does the State of Georgia recognize the guardianship order, and 3) prohibit, or even have the authority, to deny an application for state/federal disability and support services?

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1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: 1. An evaluation is required by law and the court cannot simply order that it not occur.

2. The State of Georgia along with all people and entities must recognize the Order

3. As for prohibiting or denying an application for services, that is not connected to the guardianship petition and I cannot answer this question.

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