Guardianship Attorneys Serving Florida and Georgia Families
Your loved one needs protection. Florida and Georgia law give you a path to provide it.
An Attorney Who Has Done This Work, Not Just Studied It
Elizabeth Williams Winfield serves as court-appointed County Guardian for Fayette County, Georgia. When the Fayette County Probate Court determines that an incapacitated resident has no one to advocate for them, Elizabeth is the person they appoint. She manages guardianship cases for people who have no family to step in — which means she has handled more guardianship proceedings in Fayette County than most attorneys in the region will see in a career.
That experience shapes how she approaches private guardianship cases. She understands the human side of the process, the pace that courts expect, and how to move a matter forward without making an already difficult situation harder than it needs to be.
Guardianship of the Person Versus Guardianship of the Estate
Georgia law distinguishes between two types of guardianship, and understanding the difference matters before you file.
Guardianship of the person authorizes the guardian to make decisions about where the ward lives, what medical treatment they receive, and how their daily personal needs are managed. This is the form of guardianship most families need when a parent or spouse can no longer make safe decisions about their own care.
Guardianship of the estate — sometimes called conservatorship — authorizes the guardian to manage the ward's financial affairs, property, and assets under court supervision. Georgia treats these as separate appointments, and a court may grant one without the other depending on the ward's specific circumstances.
If you need both, our attorneys can file for full guardianship covering both the person and the estate. If your situation calls for financial management only, see our conservatorship page.
How the Georgia Guardianship Process Works
Georgia guardianship proceedings are filed in the Probate Court of the county where the proposed ward resides. With an experienced attorney, the process typically moves from filing to appointment in thirty to ninety days for uncontested matters.
Probate administration
Opening the estate, filing the petition, inventorying assets, paying creditors, and distributing to beneficiaries under court supervision
Probate litigation
Will contests, disputed distributions, creditor claims, and fiduciary removal proceedings
Step 1:
File the petition and admit the will
The petitioner — typically a family member — files a petition in the Probate Court identifying the proposed ward, describing the incapacity, and requesting appointment as guardian. The petition must be supported by a physician's statement or evaluation documenting the ward's condition.
Step 2:
Medical evaluation and notice
The court requires a physician's certificate or evaluation confirming the proposed ward's incapacity. The proposed ward and certain family members must be given formal notice of the proceeding and have the right to respond.
Step 3:
The hearing
The Probate Court holds a hearing to review the evidence and determine whether guardianship is appropriate and who should serve. In uncontested matters, the hearing is typically brief. The court may appoint a guardian ad litem to represent the proposed ward's interests independently.
Letters testamentary and letters of administration
Obtaining court authority to act on behalf of the estate
When the Situation Cannot Wait — Emergency Guardianship in Georgia
If your loved one is in immediate danger — facing imminent harm, being exploited, or unable to meet basic needs for food, shelter, or medical care — Georgia courts can appoint a temporary emergency guardian within days, without the full hearing process that standard guardianship requires.
Emergency guardianship is a short-term measure. The court will set a date for a full hearing to determine whether permanent guardianship is appropriate. But when days matter, emergency guardianship gives your family the legal authority to act immediately.
Our attorneys have filed emergency guardianship petitions in Fayette County and surrounding Georgia counties. If you believe your situation qualifies, call our office directly rather than waiting for a scheduled consultation.
(678) 788-6030 — Georgia Office
Who Can Petition for Guardianship in Georgia?
Any interested person may file a petition for guardianship in Georgia — a family member, a close friend, a neighbor, or another concerned party. The petitioner does not need to be a relative. However, Georgia law establishes a preference order for guardian appointments, generally favoring a spouse, then adult children, then other family members, before considering non-relatives.
If no family member is willing or able to serve, the court may appoint a professional guardian. Elizabeth Williams Winfield serves in that capacity for Fayette County residents who have no one else to step in.
Common Questions About Probate in Florida and Georgia
How long does probate take in Georgia?
A straightforward, uncontested estate in Georgia typically closes in six to twelve months. Contested matters, estates with real property in multiple counties, or estates with complex business interests can take longer. Having an attorney who files regularly in Fayette County or Clayton County Probate Court reduces procedural delays.
What happens if someone dies without a will in Georgia?
When someone dies without a valid will in Georgia, their estate passes under Georgia's intestacy statutes, which determine who inherits based on family relationship — typically a spouse, then children, then more distant relatives. The court appoints an administrator to manage the estate. This process can be more complicated and contentious than probate with a will, particularly in blended families or where heirs disagree.
Does every estate go through probate in Georgia?
Not necessarily. Assets held in a trust, accounts with designated beneficiaries, and property held in joint tenancy with right of survivorship pass outside of probate. However, assets titled solely in the deceased's name with no beneficiary designation typically do require probate. An estate planning attorney can structure your estate to minimize what passes through probate.
Can I probate an estate in Georgia without a lawyer?
Georgia law permits an individual to represent themselves in certain probate proceedings, but the process involves specific filing requirements, notice rules, and accounting obligations that are easy to get wrong. Errors can delay the estate's closing or expose the personal representative to personal liability. For most estates, working with a probate attorney is the more practical choice.
What is the difference between a personal representative and an executor?
They refer to the same role. An executor is the term used when someone is named in a will to administer the estate. A personal representative is the broader term used in Georgia and Florida statutes — it covers both executors named in a will and administrators appointed by the court when there is no will.
Is there a probate attorney near Fayetteville, GA?
Yes. Our Fayetteville office at 741 West Lanier Avenue, STE 220 handles probate administration and probate litigation for clients throughout Fayette County and surrounding counties, including Clayton, Henry, and Coweta. Elizabeth Williams Winfield is court-appointed County Administrator for Clayton County and files regularly in Fayette County Probate Court.
Ready to Put a Plan in Place?
Estate planning is easier than most people expect when you have an attorney who takes the time to understand your situation. Schedule a consultation with our Georgia or Florida office and walk away with a clear picture of what you need and what it will take to get there.