How Do I Name a Guardian for My Minor Children in Georgia?

See how a parent names a guardian for their minor children in Georgia, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Georgia, a parent names a guardian for a minor child in a will or a separate signed writing (O.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)). It needs your signature and 2 witnesses or a notary. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (O.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)).

Yes. Georgia recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Georgia allows a Power of Attorney for the Care of a Minor Child (Supporting and Strengthening Families Act) (O.C.G.A. §§ 19-9-120 to 19-9-134 (esp. §§ 19-9-122, 19-9-124, 19-9-125, 19-9-129, 19-9-130, 19-9-132, 19-9-134)): a relative or a voluntary caregiver can be authorized for a limited time (up to 1 year) without transferring custody.

In Georgia, a child 14 or older may choose their guardian, subject to the court's approval (O.C.G.A. § 29-2-16 (guardian); O.C.G.A. § 29-3-7 (conservator)).

Georgia sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (O.C.G.A. § 29-2-2 (guardian); O.C.G.A. § 29-3-4 (conservator))

Georgia Estate Planning Resources

In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.