Support and guardianship in Georgia: incapacity rules

Since 1 April 2015 Georgia no longer declares adults legally incapable — “support” replaced it. If a relative struggles to make decisions due to a mental or intellectual condition, a court names them a support recipient and appoints a supporter. For a child without parental care, the guardianship and care body appoints a guardian or carer.

In short

Does declaring someone incapable still exist?

No. Under Civil Code Article 12, a person with a lasting mental or intellectual condition is legally capable — a “support recipient”. They keep their rights and get help only where the court decides. Only a child under 7 counts as incapable.

People declared incapable before 1 April 2015 remain incapable under the old rules until an individual assessment (Civil Code, Article 1508²; Civil Procedure Code, Article 451). The law required guardians to seek a new assessment in court. If none has happened, apply now.

Who applies to court, and where

• Who can apply: the person, a family member, a legal representative, the guardianship and care body, or a psychiatric or specialised institution (Civil Procedure Code, Article 363¹⁴)
• Where: the court of the person's residence, or of the medical facility they are in
• State the areas where help is needed, the facts and the evidence; attach any psychiatrist, psychologist and social expert reports (Article 363¹⁵)
• The applicant does not pay court costs (Article 363¹⁸)

How the case runs

• Within 5 days the court decides on accepting the application, then orders an expert assessment (Articles 363¹⁶, 363²⁰)
• The person and the guardianship body take part. If the person can't attend for health reasons, the judge joins them by video; no decision in their absence (Article 363¹⁸)
• The person must have a lawyer (Article 363¹⁹)
• If irreversible harm is possible, the court can appoint a temporary supporter, hearing the request within 5 days (Article 363¹⁷)
• If the National Forensics Bureau's report is negative, the case is closed (Article 363²²)
• Appeal goes to the Court of Appeal, which hears it within 2 months of accepting it (Article 363²⁴)

What the court decision says

Support can cover work, small deals, business, managing or selling real estate, choosing a home, consent to treatment, preventing harm and more — by individual assessment (Article 363¹⁵). The decision sets its scope, the supporter's rights and duties, reporting (at least every 6 months) and review (at least every 5 years) (Article 363²¹).

A supporter can be a family member, relative, close person or specialist who agrees. The court weighs the person's wishes and their relationship; failing that, a guardianship body official is appointed (Civil Code, Article 1280). Excluded: under-18s, support recipients, people deprived of parental rights and those removed from such a role for poor performance (Article 1283).

Property, bank accounts and pension

• The supporter doesn't decide for the person but helps them understand terms and consequences (Articles 1289, 1293); the supporter also signs written deals (Article 69)
• A deal made without the court-ordered support needs the supporter's later approval, unless it only benefits the person (Article 58¹)
• Only exceptionally — if the person can't express their will for over 1 month, causing serious harm — may the court let the supporter make necessary deals in their name (Article 1293)
• A power of attorney given earlier ends if support was set for representation or for disposing of property (Article 109)
• An inheritance is accepted with the supporter's help; refusing one needs court permission (Articles 1422, 1446)
• A person under court-ordered care for alcohol or drugs sells property or uses salary or pension only with the carer's consent, small everyday deals aside (Article 16)

Guardianship and care of a child

A child gets a guardian or carer if both parents died, parental rights were removed, restricted or suspended, the child was declared abandoned, or a parent was declared missing (Article 1279). Under 7 — a guardian; 7 to 18 — a carer. At 7 the guardian automatically becomes the carer (Article 1303).

The guardianship and care body appoints them within one month of learning of the need, weighing the candidate's character, bond with the child and the parents' wishes. Parents can name a guardian in a notarised will (Articles 1281–1282).

• The guardian or carer lives with the child and tells the body if they move (Article 1291)
• The role is unpaid (Article 1288)
• Without the body's prior consent, no selling, pledging, leasing over 10 years or dividing the child's property, and no loans in the child's name (Article 1294)
• Gifts in the child's name are banned; the guardian and their close relatives cannot make deals with the child (Articles 1296–1297)
• The body checks the guardian every 6 months (Article 1305²); the guardian's actions are challenged at the body, its decisions in court (Articles 1298, 1305)

When it ends or changes

Support ends by court decision once its reason is gone (Article 1304¹); if things change, the supporter must apply to court at once (Article 1292). The person, a family member, the supporter, a medical facility or the guardianship body can seek a change or an end, based on a new expert assessment (Civil Procedure Code, Article 363²³). A child's care ends at 18 or on marriage (Article 1304).

How we help

• We check which option fits your family — support, care or a power of attorney
• We prepare the application and evidence and represent you in court
• We help you as a supporter or guardian with property, bank account and inheritance matters
• We appeal a wrong decision of the court or the guardianship and care body

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