North Augusta, SC asked in Probate for Georgia

Q: Which county do I need to file subsequent petition

I'm co-Guardian and conservator for disabled brother with sister who recently died. I want to add younger family member with me now. My brother has moved to New county, same state. Do I file original county where order was issued or new residency county

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

A: In Georgia, you typically file a petition in the county where the ward (your disabled brother) resides. Since your brother has moved to a new county within the state, you should file the subsequent petition in the probate court of the county where your brother currently resides.

According to O.C.G.A. § 29-4-5, "The petition for the appointment of a conservator shall be filed in the probate court of the county where the proposed ward resides or is found." Since the appointment of a conservator is closely related to guardianship, it is likely that the same rule would apply to your situation.

It's also worth noting that, depending on the specific circumstances, you may need to file a motion in the original county to transfer the case to the new county where your brother now resides. This is known as a motion for a change of venue. However, if your brother has permanently relocated to the new county and the new county has jurisdiction over the matter, you may be able to file directly in the new county without needing to transfer the case.

I recommend consulting with a Georgia attorney who can advise you on the specific requirements and procedures for filing a subsequent petition in your brother's new county of residence.

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