Who will serve as Guardian if there is no willing/capable family member?

Are there any programs in GA that provide guardianships for individuals with DS?

Estate planning is vital for securing the future that you envision for your loved ones, including identifying trustees (and successor trustees) to manage the estate. Individuals who require substantial supports with decision-making and who are adjudicated incompetent by the court are considered wards of the state, and an individual, usually a parent or other family member, is appointed the guardian by the court. Just as it is important to identify a successor for a trust, it is important to identify a successor for guardianship. But what if no one is willing or available to accept this responsibility? 

Some states have the option for corporate guardians. A corporate guardianship is defined as a corporation or individual established to provide guardianship services for individuals who have no close family or other support systems and who need legal protection. I have not identified a corporate guardian in Georgia outside of trust organizations.

When there is no willing or suitable person to act as the guardian for an adult whom the probate court has determined lacks sufficient capacity to make or communicate significant responsible decisions concerning health or safety, Department of Human Services (DHS) may be appointed as the guardian of last resort. The Public Guardianship Office (PGO) of the Division of Aging Services (DAS) is assigned oversight and delivery of guardianship case management services on behalf of DHS. Guardianship case managers act as surrogate decision-makers and advocate for persons under guardianship, and also coordinate and monitor all services needed for the support, care, education, health, and welfare of guardianship clients.

DHS is not authorized by law to serve as conservators of adults or as temporary medical consent guardians. DHS is mandated to manage certain aspects of public guardianship operations, which include setting standards for criminal and credit history checks on public guardians, maintaining a registry of public guardians, and administering any funds appropriated by the Georgia General Assembly for compensation of public guardians. Although there is no current funding for these operations, PGO is poised to fulfill these duties should funds be appropriated.

Further resources:

FAQs – Guardianship in Georgia - WHGM Attorneys at Law

Public Guardianship Office (PGO) | Division of Aging Services | Georgia Department of Human Services