HB36: HB36 Guardian and ward; revise list of providers who are authorized to participate in the processes for appointment of a guardian for an adult

Georgia law lets courts appoint a guardian (for personal decisions) or a conservator (for property decisions) for an adult found unable to manage their own affairs. Petitions and evaluations currently must be based on affidavits or reports from a limited set of licensed professionals, mainly physicians, psychologists, and licensed clinical social workers. HB 36 adds physician assistants, psychiatric/mental health nurse practitioners and clinical nurse specialists, and licensed professional counselors to the list of providers who can complete these affidavits and evaluations throughout Title 29 of Georgia's code, covering initial petitions, emergency guardianship and conservatorship, modification, termination, and appeals. The bill also adds a rule that a court cannot presume an adult needs a guardian or conservator just because the person has a developmental disability, and it raises the evidence standard for emergency guardianship or conservatorship in such cases, requiring proof of an immediate risk of death, serious injury, or property loss. It further limits emergency conservators from spending a ward's funds without prior court approval. The changes take effect once signed into law.

• Adds physician assistants, psychiatric or mental health nurse practitioners and clinical nurse specialists, and licensed professional counselors to the group of providers whose affidavits and evaluations can support guardianship and conservatorship petitions.
• Bars courts from presuming an adult needs a guardian or conservator solely because the adult has one or more developmental disabilities, as defined under O.C.G.A. Section 37-1-1.
• Requires clear and convincing evidence of an immediate, substantial risk of death, serious injury, or property loss before a court can grant an emergency guardianship or conservatorship for someone with a developmental disability.
• Prohibits an emergency conservator from withdrawing funds from the ward's accounts or spending the ward's money without prior court approval.
• Extends the same expanded list of qualified evaluators to compensation rules under Code Section 29-9-16, so these providers can be paid for evaluations and hearing attendance.

Adults who are the subject of guardianship or conservatorship proceedings in Georgia, especially those with developmental disabilities, along with their families and legal counsel. It also affects physician assistants, psychiatric nurse practitioners, clinical nurse specialists, licensed professional counselors, and licensed clinical social workers who may now participate in these court processes, plus probate and superior courts handling the cases.

By widening who can perform the required evaluations, the bill could make it easier and faster for families and courts to find a qualified professional, particularly in areas with few psychiatrists or psychologists. The added protections for people with developmental disabilities set a higher bar before guardianship, especially emergency guardianship, can be imposed on them.

• Section 1 updates the definition of 'licensed clinical social worker' by citing the correct chapter of Title 43 governing that license.
• Sections 2 and 12 add new subsections to O.C.G.A. Sections 29-4-1 and 29-5-1 stating that having a developmental disability alone does not create a presumption that an adult needs a guardian or conservator.
• Sections 3, 4, 6, 7, 9, 10, 11, 13, 14, 16, 17, 20, 21, and 22 revise numerous Code sections to add physician assistants, psychiatric nurse practitioners/clinical nurse specialists, and licensed professional counselors to the list of providers who can submit affidavits or conduct evaluations in guardianship and conservatorship cases.
• Sections 5 and 15 add a new standard requiring clear and convincing evidence that a developmental disability, combined with other factors, leaves the person unable to make significant health, safety, or property decisions before a guardianship or conservatorship is granted.
• Sections 8 and 18 add a heightened emergency standard requiring proof of immediate and substantial risk of death, serious injury, illness, or property loss for wards with developmental disabilities, and restrict emergency conservators to only the powers listed in their court letters, including a bar on spending the ward's funds without court approval.
• Section 23 updates the compensation Code Section 29-9-16 to include the newly authorized providers among those eligible for fees for evaluations and hearing attendance.
• Section 24 repeals any conflicting laws.

1. 2025-05-12Effective Date 2025-07-01
2. 2025-05-12Act 114
3. 2025-05-12House Date Signed by Governor (House)
4. 2025-04-09House Sent to Governor (House)
5. 2025-04-04House Agreed Senate Amend or Sub (House)
6. 2025-04-02Senate Passed/Adopted By Substitute (Senate)
7. 2025-04-02Senate Third Read (Senate)
8. 2025-03-28Senate Read Second Time (Senate)

• Rob Leverett (R, HD-123)Primary sponsor
• Mitchell Scoggins (R, HD-014)
• Trey Kelley (R, HD-016)
• Mary Oliver (D, HD-084)
• Alan Powell (R, HD-033)
• Matt Reeves (R, HD-099)
• Ben Watson (R, SD-001)

1. PassedHouse voteFebruary 13, 2025

   99 yea, 70 nay (5 not voting, 6 absent)

   Passage: House Vote #33

2. PassedSenate voteApril 2, 2025

   38 yea, 13 nay (2 not voting, 3 absent)

   Adoption Of Amendment #1 By The Senator From The 49th: Senate Vote #409

3. PassedSenate voteApril 2, 2025

   49 yea, 4 nay (0 not voting, 3 absent)

   Passage By Substitute: Senate Vote #410

4. PassedHouse voteApril 4, 2025

   165 yea, 2 nay (5 not voting, 8 absent)

   Agree To Senate Substitute: House Vote #407

• guardianship law
• adult conservatorship
• disability rights
• mental health providers
• probate court