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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)

Signed by Governor

JudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Emergency guardians face limits before hearings

Georgia limits guardians appointed before an emergency hearing under the immediate-risk procedure. These guardians can use only the powers and duties listed in their appointment papers. Their authority cannot go beyond what is absolutely necessary to address the immediate threatened risk to the adult.

Stronger safeguards for adults with developmental disabilities

In Georgia, a developmental disability alone does not show that an adult needs a guardian or conservator. Courts need clear and convincing evidence that the disability and other relevant factors leave the adult unable to make or communicate important decisions. For guardianship, those decisions concern health or safety; for conservatorship, they concern managing property. Emergency guardianship also requires proof of an immediate and substantial risk of death, serious physical injury, illness, or disease without a guardian.

More evaluators and stronger rights for adults

Georgia expands who can provide sworn statements or evaluations in specified adult guardianship and conservatorship cases. The added professionals are licensed physician assistants, psychiatric or mental-health nurse practitioners and clinical nurse specialists, and professional counselors. This includes modification and termination cases, conservatorship and emergency-conservatorship cases, and sworn statements supporting emergency guardianship during appeals. A clinician authorized at a federal medical facility can serve when the adult is a patient there and another qualified professional is unavailable. An emergency evaluator cannot be the professional who supplied the petition's sworn statement. Adults facing guardianship or conservatorship can challenge an evaluation, its report, and the evaluator's qualifications, experience, or abilities. In guardianship cases, counsel must file written challenges by the hearing's start, but adults can still present challenges counsel omitted.

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

All Roll Calls

Yes: 351 • No: 89

House vote • 4/4/2025

Agree to Senate Substitute

Yes: 165 • No: 2 • Other: 5

Senate vote • 4/2/2025

ADOPTION OF AMENDMENT #1 BY THE SENATOR FROM THE 49TH

Yes: 38 • No: 13 • Other: 2

Senate vote • 4/2/2025

PASSAGE BY SUBSTITUTE

Yes: 49 • No: 4

House vote • 2/13/2025

PASSAGE

Yes: 99 • No: 70 • Other: 5

Actions Timeline

  1. Effective Date

    7/1/2025

  2. House Date Signed by Governor

    5/12/2025House

  3. Act 114

    5/12/2025

  4. House Sent to Governor

    4/9/2025House

  5. House Agreed Senate Amend or Sub

    4/4/2025House

  6. Senate Third Read

    4/2/2025Senate

  7. Senate Passed/Adopted By Substitute

    4/2/2025Senate

  8. Senate Committee Favorably Reported By Substitute

    3/28/2025Senate

  9. Senate Read Second Time

    3/28/2025Senate

  10. Senate Read and Referred

    2/18/2025Senate

  11. House Third Readers

    2/13/2025House

  12. House Passed/Adopted

    2/13/2025House

  13. House Committee Favorably Reported

    1/29/2025House

  14. House Second Readers

    1/16/2025House

  15. House First Readers

    1/15/2025House

  16. House Hopper

    1/14/2025House

Bill Text

  • HB 36/AP* (v8)

    PDF

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