A guardianship or conservatorship in Georgia is not necessarily permanent. If a ward regains sufficient capacity to make or to communicate significant responsible decisions concerning his health or safety, a guardianship may be terminated. Similarly, if a ward regains sufficient capacity to make or to communicate significant responsible decisions concerning her finances, then a conservatorship may be terminated. Sometimes, the evidence is clear one way or the other but, at other times, the evidence conflicts.
In In re Loftus a/k/a Serewicz, the Georgia Court of Appeals instructed that, when the evidence conflicts on whether a ward has regained capacity, the probate court must hold a hearing on a restoration petition. In this case, a licensed psychologist submitted an affidavit that the ward had regained sufficient capacity,Read More