All Roll Calls
Yes: 351 • No: 89
GeorgiaHB 362025-2026 Regular SessionHouse
Guardian and ward; revise list of providers who are authorized to participate in the processes for appointment of a guardian for an adult
Sponsored By: Trey Kelley (Republican), Rob Leverett (Republican), Mary Oliver (Democrat), Alan Powell (Republican), Matt Reeves (Republican), Mitchell Scoggins (Republican)
Became Law
JudiciaryGeneral Bill
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 5 benefits, 0 costs, 2 mixed.
Stronger protections for adults with disabilities
A developmental disability alone does not justify naming a guardian or a conservator. When a developmental disability is present, the court must have clear and convincing evidence that the person cannot make key decisions: health or safety decisions for guardianship, or property decisions for conservatorship. For emergency cases, the court also needs clear and convincing proof plus an immediate and substantial risk: to life or health for guardianship, or of irreparable loss or waste of property for conservatorship.
Faster reviews and limits in emergencies
In emergency cases, the court orders an evaluation within 72 hours and a written report within that time. Until the emergency hearing, no withdrawals can be made on the proposed ward’s signature, and the emergency conservator cannot spend funds without prior court approval. During an appeal, an emergency guardian or conservator can be appointed only after a listed clinician files an affidavit describing the emergency and after a hearing where other evidence may be shown.
Conservators can settle claims up to $25,000
A conservator may settle a contested or doubtful claim if the gross settlement is $25,000 or less. Gross settlement means the present value of all payments, including cash, fees, costs, and any structured payments. Bigger settlements need further court oversight.
Easier to change or end guardianship/conservatorship
To ask the court to change or end a guardianship or conservatorship, you can file two affidavits from people who know the ward or one affidavit from a listed clinician. Listed clinicians include physicians, psychologists, physician assistants, nurse practitioners or clinical nurse specialists in psychiatric/mental health, professional counselors, and licensed clinical social workers. This applies to petitions to modify or to terminate.
Hearings recorded and kept 45 days
Guardianship and conservatorship hearings must be recorded by a court reporter or a sound recorder. The recording is kept for at least 45 days after the court enters the order. This helps parties review what happened and supports appeals.
More clinicians can back and evaluate cases
The law lets more licensed professionals support petitions and serve as court evaluators. These include physician assistants; nurse practitioners or clinical nurse specialists in psychiatric/mental health; professional counselors; and licensed clinical social workers, along with physicians and psychologists. The evaluator cannot be the same person who signed the petition affidavit. In non-emergencies, the evaluation cannot happen before the fifth day after notice. The evaluator must file a written report under oath within seven days after the evaluation, and the proposed ward’s statements are privileged.
Evaluator fees clarified; cases may cost more
Evaluators required by the court receive a reasonable fee plus actual expenses for evaluations and required court time. The court assesses these amounts and orders payment under Georgia law. These payments can add costs to a case.
Sponsors & Cosponsors
Sponsors
Trey Kelley
Republican • House
Rob Leverett
Republican • House
Mary Oliver
Democrat • House
Alan Powell
Republican • House
Matt Reeves
Republican • House
Mitchell Scoggins
Republican • House
Cosponsors
Ben Watson
Republican • Senate
Roll Call Votes
House vote • 4/4/2025
Agree to Senate Substitute
Yes: 165 • No: 2
Senate vote • 4/2/2025
PASSAGE BY SUBSTITUTE
Yes: 49 • No: 4
Senate vote • 4/2/2025
ADOPTION OF AMENDMENT #1 BY THE SENATOR FROM THE 49TH
Yes: 38 • No: 13
House vote • 2/13/2025
PASSAGE
Yes: 99 • No: 70
Actions Timeline
Effective Date
7/1/2025House Date Signed by Governor
5/12/2025HouseAct 114
5/12/2025House Sent to Governor
4/9/2025HouseHouse Agreed Senate Amend or Sub
4/4/2025HouseSenate Third Read
4/2/2025SenateSenate Passed/Adopted By Substitute
4/2/2025SenateSenate Committee Favorably Reported By Substitute
3/28/2025SenateSenate Read Second Time
3/28/2025SenateSenate Read and Referred
2/18/2025SenateHouse Third Readers
2/13/2025HouseHouse Passed/Adopted
2/13/2025HouseHouse Committee Favorably Reported
1/29/2025HouseHouse Second Readers
1/16/2025HouseHouse First Readers
1/15/2025HouseHouse Hopper
1/14/2025House
Bill Text
HB 36/AP* (v8)
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