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Georgia lawmakers to vote on guardianship assessment bill

Georgia Capitol building

ATLANTA — A bill up for a vote today at the state capitol is drawing strong reactions from both supporters and advocates as it proposes to expand who can assess individuals for guardianship in Georgia. The legislation would add marriage counselors and other professionals to the list of those qualified to conduct such assessments, currently limited to clinical social workers and certain licensed healthcare professionals.

Supporters of the bill say the change is necessary to help Georgia’s courts address a growing backlog of guardianship requests. But disability rights advocates are raising red flags, warning that the measure could have serious consequences for vulnerable individuals.

“A guardianship means a person has lost all control over their own lives,” said Darcy Robb, executive director of the Georgia Council on Developmental Disabilities. “We need to make sure that the right professionals are making these incredibly powerful decisions that completely alter people’s lives.”

Under current Georgia law, a court can appoint a legal guardian to make decisions on behalf of an adult deemed incapable of doing so themselves. The decision often hinges on professional assessments that evaluate a person’s mental, emotional, or physical capacity.

Robb is especially concerned about including marriage counselors in that process. “They are trained to save and support people’s marriages. That is not the same thing as assessing an individual’s capacity,” she said. “It’s like fire, it’s very powerful, and therefore we have to be incredibly careful with it.”

Supporters of the bill argue that expanding the pool of qualified assessors would help ease pressure on an overwhelmed legal system and allow families to receive timely decisions. But opponents caution that more assessors does not necessarily mean better outcomes and could, in fact, increase the risk of inappropriate or unjust guardianships.

State lawmakers are expected to vote on the bill later today.


Jonathan O'Brien

Jonathan O'Brien

95.5 WSB News Anchor and Reporter

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