Legal Question in Wills and Trusts in Georgia

If I signed for my mother to be guardian in probate six years ago while I needed help but my child has been in my home for the last three years although not formally filed paperwork in ptobate court but my child is on probation for truancy and I am her parent and guardian on file for the last two years who is now legal guardian

Asked on 8/06/13, 11:57 pm

2 Answers from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

You should pull the file in probate court to see if the guardianship you signed over was ever dismissed, or if the order granting it was for a specified period of time. If no dismissal and the guardianship did not state that it would terminate after a certain period of time, then she is still the legal guardian, and you will need to file to revoke it.

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Answered on 8/07/13, 7:40 am

Attorney Gardner is correct. If your mother was appointed guardian for the child then your mother is still the legal guardian until the order is rescinded by the court or otherwise terminated. You may need to file a petition to terminate the guardianship for the child if the order is still in place. I would talk to the clerk of the court to see if you would need a lawyer for this and if not to get the forms.

And when you say you are the "parent and guardian on file" for your child, what exactly do you mean? Do you just mean at the school? If so, that means nothing. It is what is in the court's file that matters. And the school records are in error if so because you are not the guardian of the child if there is still a court order.

Again, check the court file first. Then take steps to get the guardianship terminated if need be.

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Answered on 8/07/13, 8:59 pm

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