Cost of Guardianship in Georgia: Filing Fees, Attorney Costs, and Hidden Expenses

A Georgia guardianship for an elderly parent is not a one-time expense. It's an ongoing financial obligation that starts with a $175 adult petition fee and compounds every year with reporting requirements, potential attorney fees, and surety bond premiums.

Here's what the process actually costs from start to finish — including the expenses most families don't see coming.

Upfront Filing and Court Costs

Probate court filing fee: $175 for an adult guardianship or conservatorship petition under O.C.G.A. § 15-9-60 and the current statewide schedule. Counties may charge additional service, recording, evaluator, or other costs.

Sheriff service fee: Approximately $50. The proposed ward must be personally served by a sheriff's deputy — service by mail is prohibited under Georgia law.

Court-ordered evaluator fee: Approximately $200. The court appoints an independent professional (physician, psychologist, or LCSW) to evaluate your parent. This is separate from the clinical affidavit you need before filing, which runs $150 to $350 from your parent's own physician.

Emergency petition filing: If you need emergency authority first, add another $175 adult petition fee for the emergency filing, plus the separate $175 fee for the parallel permanent petition. Total: $350 in statewide petition fees alone.

Attorney Fees

Uncontested guardianship: Georgia elder law attorneys typically charge $3,900 to $4,900 for a standard, uncontested guardianship or conservatorship proceeding. This includes preparing the petition, coordinating the clinical affidavit, managing the court timeline, and attending the hearing.

Contested guardianship: When family members disagree — multiple siblings petitioning, or someone objecting to the proposed guardian — costs can exceed $9,500. Each party typically retains their own attorney, and contested cases involve additional hearings, depositions, and court time.

Hourly rates: Georgia elder law attorneys average $340 to $369 per hour. Some firms offer flat-fee packages for straightforward guardianship filings, but any complications (contested petitions, multiple wards, complex asset situations) push the case to hourly billing.

Court-appointed attorney for the ward: The probate court must appoint independent legal counsel for your parent. In some counties, the petitioner is responsible for paying this attorney's fees, which are approximately $150 to $250.

Ongoing Annual Costs

Guardianship isn't a one-time filing. Georgia requires continuous reporting:

Guardian's Personal Status Report: Annual filing documenting the ward's location, medical condition, and unmet needs. If you prepare this yourself, the cost is your time. If an attorney prepares it, expect $200 to $500 per filing.

Conservator's Annual Return: A detailed financial accounting with bank statements, receipts, and transaction records. This is more complex than the status report and often requires professional preparation — $500 to $1,500 per year through an attorney or accountant.

Surety bond premiums: The court may require the conservator to post a surety bond equal to the value of the ward's liquid assets. Annual premiums typically run 1% to 3% of the bond amount. For a parent with $150,000 in assets, that's $1,500 to $4,500 per year.

The Costs Most Families Miss

Private-pay gap: Standard guardianship processing takes four to six weeks. During this time, you may not be able to access your parent's funds to pay for care. If they're in a nursing facility at private-pay rates ($7,000 to $12,000 per month in Georgia), this gap period comes out of the family's pocket or accrues as unpaid facility debt.

Miller Trust drafting: If your parent needs Medicaid and their income exceeds $2,982 per month, you'll need a Qualified Income Trust. Attorney fees for drafting the trust run $500 to $2,500 — on top of the guardianship costs.

Publication fees: Some guardianship and conservatorship petitions require notice publication in the county's official legal organ. Publication fees vary by county newspaper but typically run $100 to $300.

What Guardianship Costs vs. a Power of Attorney

The total first-year cost of guardianship in Georgia typically runs $5,000 to $7,000 for an uncontested case, with $1,000 to $3,000 in recurring annual expenses. A power of attorney costs the price of a mobile notary.

That comparison only works if your parent still has the cognitive capacity to sign a POA. Once capacity is lost, a guardianship and/or conservatorship proceeding is the remaining path — and these costs are unavoidable.

The Georgia Power of Attorney & Guardianship Kit helps families on both sides of the capacity line — with POA forms and signing guidance for parents who still have capacity, and a probate filing organizer for families navigating the guardianship process.

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