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Georgia Standby Guardian Law

A parent who has physical custody of the child and whose rights have not been terminated or a guardian can nominate a standby guardian.   The designation must be in writing and signed by the designating individual or any other person on behalf of the designating individual and two or more competent witnesses.  The designation should state the name and address of the parent who is not the designating individual, if that parent is deceased, has his or her parental rights terminated, and whether that parent cannot be located.

A parent or guardian may designate an individual to serve as standby guardian of a minor upon the health determination being made.  Once the health determination is made, the standby guardian assumes all the rights, duties, and responsibilities of guardianship of the person of the minor.  The standby guardian must file with the court a notice of the standby guardianship with a copy of the standby guardianship designation and the health determination attached. The standby guardian shall file with the probate court in the county of domicile of the minor, a petition seeking temporary guardianship of the minor within 120 days of the health determination being made.  If the standby guardian has not filed a petition for temporary guardianship within 120 days, standby guardianship will automatically terminate.

Stand by guardian ship does not divest the parent, custodial or non custodial, of a duty to support the minor.

The parent or guardian can revoke standby guardianship at any time before the health determination is made by destruction or by a written revocation signed by the designating individual and attested to by two or more competent witnesses.  After the health determination has been made, the standby guardianship may be revoked by the designating individual by filing a notice of such revocation with the court in which the standby guardianship was filed and by mailing a copy of the notice of revocation to the standby guardian.


Inside Georgia Standby Guardian Law