The Supervision System and the Two Levels of Appeal
The activities of a guardian, curator and supporter are protected by the Civil Code of Georgia through two independent mechanisms — supervision and appeal. An action of a guardian or curator may be appealed by any interested person — including the ward — to the guardianship and curatorship authority at the ward's place of residence. This is the administrative level: fast, cost-free and often sufficient where the matter concerns a specific action — money spent, a transaction concluded or a decision taken.
The second level is the court: a decision of the guardianship and curatorship authority on the appointment, dismissal or release of a guardian (curator), as well as any other issue of guardianship and curatorship, may be appealed by an interested person to the court. The practical meaning is that an authority's incorrect decision is not final: it is re-examined independently by a court, where the parties submit evidence and substantiate their positions. It is precisely at this stage that the decisive legal work takes place — preparing the application, the documents and the argumentation.
Release and Dismissal of a Guardian — the Statutory Grounds
The Code distinguishes between release and dismissal. The guardianship and curatorship authority releases a guardian and curator from their duties where the parents' parental duties towards the child are fully restored or the child is adopted; they may also be released upon a personal request, if the authority recognises that the request is caused by a valid reason — illness, a change in material circumstances, incompatibility with the ward, and similar.
Where a guardian or curator performs the imposed duties improperly, the authority dismisses or releases them. If a guardian (curator) uses the guardianship (curatorship) for mercenary purposes, or leaves the ward without supervision and necessary assistance, they bear liability in the manner established by law. A supporter's improper performance of duties triggers the authority's response under the special procedure established by the Code — within the framework of a negative conclusion and graduated reaction.
Release at the request of the protected person stands apart: an adult's curator may be released at the request of the ward, and in that case the authority may, with the ward's agreement, appoint another curator; where the recipient of support wishes the supporter to be released, they apply to the court — before the decision is issued, the court suspends the supporter's authority and imposes the duties on a specially authorised person of the authority, on whom the rights and duties established for a supporter extend.
Termination of Guardianship and Curatorship — When and How
Guardianship terminates where the ward dies; where a minor ward reaches the age of 7; or where the parental rights and duties of the parent of a ward under seven are restored. In these cases guardianship terminates by decision of the authority. Where a ward under guardianship reaches the age of seven, guardianship terminates and, without a special decision of the authority, the guardian becomes the curator — the status changes automatically, with practical consequences for the scope of representation.
Curatorship terminates where the ward dies; where a minor ward reaches majority; where a minor ward marries; and with respect to other wards — where the reason that caused the appointment of the curator disappears. These grounds too are recorded by decision of the authority, so the cut-off date and the legal consequences of the change of status require proper documentary fixation.
Forms and Periodicity of Supervision
Supervision over the activities of a guardian and curator is exercised by the guardianship and curatorship authority at the place of residence of the ward; supervision over a supporter — at the place of residence of the recipient of support. For a supporter the purpose of supervision is especially broad: not only control over the performance of duties, but also assessment of the development of the recipient's abilities and an appropriate response. The authority is obliged to verify the conformity of the supporter's actions with the framework defined by the court decision — through planned inspections, investigation of any information received concerning non-performance of duties, and factual supervision. A separate institute even extends beyond the guardianship sphere: the authority also supervises the performance of a marital agreement concluded with a recipient of support.
The periodicity is defined by the Code: the authority exercises supervision once every 6 months; with the periodicity determined by the court; and on its own initiative — out of arising necessity, where information exists indicating a need for the authority's intervention. With respect to a supporter, factual supervision is also possible where necessary — on the basis of the information provided for by the Code, on the authority's own initiative; its form and scope are determined by the corresponding sub-legislative acts.
The Conclusion on Results and the Authority's Response
The results of supervision are reflected in a conclusion, which is either positive or negative. The conclusion is positive where the authority, as a result of any form of supervision, establishes that the guardian, curator or supporter conscientiously performs the duties determined by a court decision or by legislation. It is negative where improper performance, inability to perform, or flaws observed in the provision of support are established, requiring a qualified response. Information about the conclusion is entered into a dedicated database.
Where the conclusion is negative, the authority acts according to the intensity of the actions: if the intensity of the guardian's, curator's or supporter's actions is insufficient for administrative or criminal liability, the authority helps them, through a social worker, to better understand and perform their duties; releases the guardian or curator; or applies to the court with a demand for the supporter's release — in that case, before the decision, the supporter's authority is suspended and the duties pass to a specially authorised person. Where the intensity is sufficient, the response follows the rules established by the Code of Administrative Offences and by criminal legislation — this is already the sphere of liability, and preparing the party's position requires different, defence-oriented work.
Frequently Asked Questions
Below we answer the questions we hear most often on this topic.
Who may appeal a guardian's action?
Any interested person — including the ward. The first step is an application to the guardianship and curatorship authority at the place of residence; a decision of the authority is appealed to the court.
What happens if a guardian performs duties improperly?
In case of improper performance the authority dismisses or releases them; in case of mercenary use of the guardianship or leaving the ward without supervision, they bear liability in the manner established by law. The concrete form of response is determined on the basis of the conclusion on the results of supervision.
How often is a guardian's activity inspected?
Planned supervision takes place once every 6 months, also with the periodicity determined by the court and on the authority's own initiative where information about the need for intervention exists.
Can a curator be released at the ward's request?
Yes, an adult's curator may be released at the request of the ward, and the authority may, with the ward's agreement, appoint another curator. A supporter is released at the recipient's request through the court, with the duties temporarily transferred to a specially authorised person until the decision.
How We Help on Legal.ge
On Legal.ge you are served by advocates specialising in family law who accompany both sides in guardianship and curatorship matters: we prepare the appeal against a guardian's action before the authority and the court, gather evidence of improper performance, protect the interests of the ward and, at the same time, defend the guardian and curator against groundless accusations in the supervision process. Meet us in the office or online — book a consultation and receive a legal assessment of your situation.