Free 65. Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator - Georgia


File Size: 301.9 kB
Pages: 21
Date: June 18, 2009
File Format: PDF
State: Georgia
Category: Probate
Word Count: 3,514 Words, 24,461 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.gaprobate.org/forms/forms06/New%20Forms/09gpcsf65consolidated.pdf

Download 65. Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator ( 301.9 kB)


Preview 65. Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator
Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator INSTRUCTIONS I. Specific Instructions 1. 2. 3. This form is to be used for filing a Petition for the Reinstatement of a Ward (formerly Incapacitated Adult) pursuant to O.C.G.A. 29- 4-42 and O.C.G.A. 29-5-72. 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 and/or conservatorship. According to Probate Court Rule 22 (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 can be served according to law. Pages after 5 which are labeled court are to be completed by the moving party, unless otherwise directed by the "Court".

II.

General Instructions

General instructions applicable to all Georgia probate court standard forms appear in are available in each probate court.

Effective 7/09

GPCSF 65Petitioner

GEORGIA PROBATE COURT STANDARD FORM

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

TO THE HONORABLE JUDGE OF THE PROBATE COURT:
[NOTE: Unless there are two or more petitioners, the affidavit on page 9 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. Petitioner, a. the Ward b. the (relationship) County, State of (Initial either a. or b. below): a. (Second Petitioner, if any) ________________________________________________ , is the (relationship) at (address) telephone number , show that of the ward, and is domiciled County, State of , telephone number of the ward, and , and is domiciled at (address) __________________________________________________________ , is

or
b. attached hereto as page 4 and made a part of this petition is the completed affidavit of __________________________________________________________, a physician or psychologist licensed to practice in Georgia or a licensed clinical social worker, who has examined the ward within fifteen days prior to the filing of this petition, show that:
Effective 7/09 GPCSF 65Petitioner

-1-

GEORGIA PROBATE COURT STANDARD FORM

2. The ward is domiciled at (address) _________________________________________________ County, State of can be contacted at (telephone number): 3. The proposed ward no longer is in need of a guardian and/or conservator because:
(NOTE: the Petition cannot be granted unless sufficient facts are presented which support the claim for the restoration of the Ward. 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.)

, and is presently located at .

_________________________________________________________________________________, and

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ __________________________________________________________________________________

4. (Name(s) or n/a) _______________________________________________________________ currently serve(s) as the guardian and (Name(s) or n/a) _____________________ ______ 5. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. as the conservator.

Effective 7/09

GPCSF 65Petitioner

-2-

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 Printed Name Address ___________________________________ Signature of second petitioner, if any ___________________________________ Printed Name ____________________________________ Address ____________________________________ Telephone Number Signature of Attorney: Typed/printed name of Attorney: Address: Telephone: ____________________________________ Telephone Number ______________________________________ ______________________________________ ______________________________________ State Bar # __________ VERIFICATION GEORGIA, COUNTY Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true. Sworn to and subscribed before me this day of , 20 . _________________________________ First Petitioner _________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires _____________ -----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . __________________________________ Second Petitioner, if any __________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires _______________
Effective 7/09

-3-

GPCSF 65Petitioner

STATE OF GEORGIA COUNTY OF PROBATE COURT OF RE: Petition for RESTORATION of COUNTY , a 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, that I have examined the above-named ward on the I found him/her to (initial all applicable): a. (for restoration regarding guardianship:) now have sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety. (for restoration regarding conservatorship:) now have sufficient capacity to make or communicate significant responsible decisions concerning the management of his/her property. (for retention of guardianship:) still lack sufficient capacity to make or communicate significant responsible decisions concerning his/her health or safety. (for retention of conservatorship:) still lack sufficient capacity to make or communicate significant responsible decisions concerning the management of his/her property. day of , 20 , and that

b.

c.

d.

The following facts support said diagnosis:

Effective 7/09

-4-

GPCSF 65Petitioner

(RESTORATION FORM, cont.)

WITNESS MY HAND AND SEAL this Sworn to and subscribed before me this day of , 20 . _______________________________ Notary Public My commission expires on the of , 20 (NOTARIAL SEAL AFFIXED) day .

day of

, 20

.

____________________________________________ Signature of (Physician)(Psychologist)(Social Worker)

Typed Name _________________________________

NOTE: The examination on which this affidavit is based must occur WITHIN FIFTEEN DAYS prior to the filing of the petition.

-5-

Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator

Pages after 5 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court.

NOTICE: THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE PROBATE COURT RULE 22 (A).

-6-

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

ORDER FOR EVALUATION The above and foregoing petition 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 o'clock .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/deputy clerk shall immediately notify the ward of these proceedings by having all pleadings, as well as this order and the notice of proceedings to appoint guardian and/or conservator, personally served on the ward. SO ORDERED this day of , 20 .

_____________________________________ Probate Judge

Effective 7/09

GPCSF 65Court

CERTIFICATE OF MAILING OF ORDER AND NOTICE OF PROCEEDINGS ESTATE NO. __________________ 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 .

____________________________________ PROBATE CLERK/DEPUTY CLERK CERTIFICATE OF MAILING OF ORDER FOR DISMISSAL ESTATE NO. __________________ 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 .

_______________________________________ PROBATE CLERK /DEPUTY CLERK * not necessary if dismissal is after evaluation.

Effective 7/09

GPCSF 65Court

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) )

COUNTY

ESTATE NO. ___________________ PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

NOTICE TO WARD OF PROCEEDINGS TO RESTORE RIGHTS TO: : this is to notify you of a proceeding

initiated in this court by ____________________________________________________________ _______________________________ seeking to 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 o'clock .M. on , 20 which is not sooner than the fifth day after the service of notice on you.

YOU ARE FURTHER NOTIFIED: YOU AND YOUR ATTORNEY HAVE THE RIGHT TO ATTEND ANY HEARING HELD ON THIS MATTER. Witness my hand and seal this day of , 20 .

_______________________________ PROBATE CLERK/DEPUTY CLERK

Effective 7/09

GPCSF 65Court

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

RETURN OF SHERIFF I have this day served the within petition, order and notice. This day of , 20 . personally with a copy of

_________________________________________________ Deputy Sheriff County, Georgia

Effective 7/09

GPCSF 65Court

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) )

COUNTY

ESTATE NO. _____________________ PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

APPOINTMENT OF ATTORNEY AND GUARDIAN AD LITEM, IF APPLICABLE It appearing that this Court has not been notified of the retention of counsel by the ward within the prescribed two-day period, number (initial if applicable) IT IS FURTHER ORDERED that appointed as guardian ad litem for the ward, and said individual shall a. b. This day of attend the restoration hearing and make a recommendation to the Court. file a written recommendation/report with the Court prior to the hearing and shall (be excused from appearing at) (attend) the hearing. , 20 . is , is hereby appointed as attorney for the ward in this matter. telephone

______________________________________ Probate Judge

Effective 7/09

GPCSF 65Court

EVALUATOR'S REPORT REGARDING RESTORATION GUARDIANSHIP/CONSERVATORSHIP PROCEEDINGS PETITIONER(S) ____________________________ ___________________________ WARD ___________________________ ESTATE NO. ___________

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 (location) beginning at o'clock. The evaluation continued for minutes. I explained the purpose of the evaluation to the ward. The following questions, instruments, or 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:

Effective 7/09

GPCSF 65Court

The following are my findings as to the needs of the ward and their foreseeable duration:

(initial all applicable) a. I find that the ward continues to be incapacitated by reason of: _ to the extent that said proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning his/her health and safety. I find that the ward continues to be incapacitated by reason of: ____________ ______________________________________________________________ to the extent that said proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his/her property. c. d. I find that the ward now has sufficient capacity to make or communicate significant decisions concerning his/her health and safety. 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 or Psychologist licensed under Chapter 39 of Title 43 of the Official Code of Georgia Annotated or Licensed Clinical Social Worker Sworn to and subscribed before me This day of , 20 .

b.

____________________________________________ Notary Public/Clerk, Probate Court My Commission Expires _______________________
NOTE: This report must be filed with the Probate Court no later than (7) days after the date of examination.

Effective 7/09

-2-

GPCSF 65Court

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

ORDER FOR DISMISSAL The above and foregoing petition having been read and considered pursuant to O.C.G.A. 29-411 and/or O.C.G.A. 29-5-11 of the Official Code of Georgia Annotated, 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 .

_____________________________________ Probate Judge
Effective 7/09 GPCSF 65Court

-3-

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) )

COUNTY

ESTATE NO. _______________________ PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

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, 1. THEREFORE, it is ordered and adjudged that: A hearing shall be set for o'clock .M. on ________________________, 20 , which is not less than 10 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. 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. These copies shall be sent by a Clerk/deputy clerk, first-class mail, as soon as practicable after the signing of this order. So ordered this day of , 20 .

2.

____________________________________ Probate Judge

STIPULATION AND WAIVER BY WARD'S ATTORNEY GEORGIA, COUNTY ESTATE NO. _____________

TO THE PROBATE COURT OF SAID STATE AND COUNTY IN RE: PETITION FOR THE RESTORATION OF RIGHTS OF WARD ,

The undersigned, as the attorney representing the above-named ward in these proceedings, (initial all applicable:) a. does hereby stipulate into evidence the affidavit prepared by (name of affiant evaluator) appearance of such affiant at any hearing concerning the said petition. b. does hereby stipulate into evidence the affidavit prepared by (name of affiant evaluator) affiant at any hearing concerning the said petition. c. does further waive the appearance of my client the ward at said hearing. ,which is the affidavit referred to in Paragraph 1(b) of the petition), and hereby waives the appearance of such , being the evaluation report Ordered by the Court in this matter, and hereby waives the

This

day of

, 20

.

Attorney Typed/printed name of Attorney: Address: Telephone: _________________________________ _________________________________ _________________________________ State Bar # ____________

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION FOR RESTORATION OF AN INDIVIDUAL FORMERLY FOUND TO BE IN NEED OF A GUARDIAN AND/OR CONSERVATOR

FINAL ORDER A hearing was held on the above-referenced petition 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 clear and convincing 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. Therefore it is
-1-

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, that he/she file a Petition for Discharge and Final Return, with an acknowledgment as executed by the former ward. 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 .

____________________________________________ Probate Judge/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)

-2-

CERTIFICATE OF MAILING OF FINAL ORDER ESTATE NO. _______________ 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). _________________________________ PROBATE CLERK/DEPUTY CLERK

DATE

CERTIFICATE OF FILING CERTIFICATE OF RESTORATION OF RIGHTS ESTATE NO. ________________ 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: _____________________________________ PROBATE CLERK/DEPUTY CLERK ____________________________________ ADDRESS ____________________________________ TELEPHONE

-3-

Probate Court Return Mailing Address: _______________________________ ________________________________

CERTIFICATE OF RESTORATION OF RIGHTS (Pursuant to O.C.G.A. 29-5-13(d)) GEORGIA, PROBATE ESTATE NO. DATE ORDER ISSUED: GRANTOR: County CROSS REFERENCE: DEED BOOK______________ PAGE NO._________________

(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: ___________________________________ PROBATE CLERK/DEPUTY CLERK