Adult: a person 18 years of age or older

Affidavit: a statement taken under oath and signed before a notary or other authorized person

Asset Management Plan: written plan for managing, expending, and distributing property of a ward; the Asset Management Plan and the Inventory are filed together

Audit: a complete review by court staff of the annual returns and supporting documentation filed by conservators

Beneficiary: the designated recipient of a benefit under a will or contract

Bond: the obligation of another to guarantee the proper performance of a duty and to pay any loss caused by the failure to so perform; in guardianship law, a guarantor, called a “surety,” agrees to pay any loss suffered if a guardian or conservator fails to properly perform the duties of the office (mismanagement, loss through negligence, misappropriation, theft, etc.)

Commingle: to put together or combine funds or property of the conservator and the ward

Commission: the compensation to which a conservator is entitled for his/her services as such

Conflict of Interest: a division or clash between what is in the best interest of the ward and what is in the best interest of the guardian or conservator; any act or actions which create such a conflict conservator: a person who has been given control and authority over the funds and property of the ward; the conservator is a fiduciary who owes fidelity and loyalty to the ward and who must always act in the best interest of the ward

County Guardian: the person named by the judge of the probate court to serve as guardian or conservator when there is no one else available or qualified to serve

Court: unless the context suggests otherwise, the probate court having jurisdiction over the guardianship or conservatorship case

Date of Appointment: the date of the filing of the order making the appointment of a guardian or conservator

Date of Qualification: the date on which Letters of Guardianship or Conservatorship were issued, after the taking of the oath of office and the posting of any required bond

Discharge: the formal dismissal from office and liability of a guardian or conservator who has properly performed and completed all the duties of office

Durable Power of Attorney for Health Care: a written document designating an agent to act and make health care decisions on behalf of another in the event of incapacity; the agent must act in accordance with the instructions set forth and in the best interest of the person granting the agent the power

Encroachment: an expenditure of the principal or corpus of a fund by a conservator; requires an order granting the authority from the court

Estate: the name given to all of the collective assets of a ward; also, may be used to refer to the entire case involving a particular ward (e.g., Estate of John Doe)

Fiduciary: a person having the duty to act primarily for another’s benefit in matters assigned or undertaken by the person; a person holding the character of a trustee

Guardian: a person who has been given control and authority over the person of the ward; the guardian holds a position similar to that of a parent over a minor child; the guardian is a fiduciary who owes fidelity and loyalty to the ward and who must always act in the best interest of the ward

Guardian-Ad-Litem: a person appointed by the court to investigate and represent the best interest of the ward with regard to a particular matter pending before the court

Guardianship Order: the final order of the court appointing a guardian and/or conservator for a ward

Heirs: those persons who inherit by law the estate of an individual who dies without a valid will

Incapacitated Adult: an adult who has been found by the court to lack sufficient capacity to make or communicate significant responsible decisions concerning his or her person or concerning the management of his or her property

Inventory: a description of all assets and liabilities of a ward, including a list of all the personal and real property owned by the ward; the Inventory and the Asset Management Plan are filed together

Legal Investments: those investments in which a conservator may invest funds of the ward without prior court approval; the list is set forth in Code Section 29-5-32 and includes insured accounts; bonds issued by counties and municipalities in Georgia and by other State and federal agencies; and certain loans secured by real property

Letters of Conservatorship: the formal document issued by the court to evidence the appointment of a conservator for a ward and the authority of the conservator then to act; a conservator appointed by the court’s order has no authority to act until the Letters have been issued

Letters of Guardianship: the formal document issued by the court to evidence the appointment of a guardian for a ward and the authority of the guardian then to act; a guardian appointed by the court’s order has no authority to act until the Letters have been issued

Living Will: a written directive instructing a person’s physician to institute, withhold or withdraw life-sustaining procedures in the event of a terminal condition, a coma, or a persistent vegetative state

Next-of-Kin: after a spouse and all children, the lineal descendants first and the parents and siblings next who are to be given notice of guardianship/conservatorship proceedings

Notice: the official notification from the court to parties at interest of a pending proceeding; the notice states any deadlines for filing objections and any hearing dates set at the time of the notice

Oath: an attestation or pledge by a person that he or she is bound in conscience to act faithfully and truthfully under an immediate sense of responsibility

Personal Property: any property other than real estate; everything which is subject to ownership other than land or an interest in land; personal property includes not only tangible things (e.g., furniture, automobiles, merchandise, clothes, and jewelry, etc.) but also intangible things (e.g., stocks, bonds, money on deposit, patents, copyrights, etc.)

Personal Status Report: the periodic report of a guardian on the condition, circumstances and needs of a ward

Petition: a formal, written application to a court requesting judicial action on a certain matter

Power of Attorney: an instrument authorizing another to act as one’s agent or attorney-in-fact (as opposed to an attorney at law); the agent is called an “attorney-in-fact”; a power of attorney may be given for financial affairs or for health care decisions or both; a power of attorney may be general or limited

Proposed Ward: an adult for whom a petition for the appointment of a guardian or conservator has been filed

Real Property: land and generally whatever is erected, growing upon, or affixed to the land

Returns: the periodic reports or accountings of a conservator, consisting of a statement of all receipts and expenditures together with an updated Inventory and Asset Management Plan

Self-Dealing: transactions in which a guardian or conservator acts both in his or her own interest while acting on behalf of the ward; any transaction undertaken by a guardian or conservator on behalf of a ward which also benefits in some manner the guardian or conservator (e.g., buying property from the ward or selling property or services to the ward)

Surety: one who undertakes to pay money or to do any other act in the event the principal fails to pay or to act; the guarantor on the bond of a fiduciary, usually an insurance company specially licensed to write surety bonds

Ward: an adult for whom a guardian or a conservator has been appointed