North Augusta, SC asked in Probate for Georgia

Q: Does a conservatirship have to be domesticated from county to county in Georgia

Ward of order has moved from one county to another in Georgia

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1 Lawyer Answer
Seth Meyerson
Seth Meyerson
  • Probate Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: If a conservatorship has already been established in one Georgia county and the ward is later moved to another county within the state, it may be necessary to domesticate the conservatorship in the new county.

Under Georgia law, the conservator of a protected person's estate may file a petition in the new county to transfer the conservatorship to that county. See O.C.G.A. § 29-5-32. The petition must be accompanied by a certified copy of the order appointing the conservator and other documents required by the new county.

Once the petition is filed, the court in the new county will review the petition and the other documents and may hold a hearing if necessary. If the court determines that it is in the best interests of the protected person to transfer the conservatorship to the new county, it may issue an order authorizing the transfer.

In summary, while it may not be strictly required to domesticate a conservatorship from county to county in Georgia if the ward is moved, it may be advisable to do so to ensure that the conservatorship can be effectively managed in the new county. So, to which county would you rather have annual reporting and supervision; the county you were in or the county you are in?

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