O.C.G.A. § 29-5-15 — GA Code / Title 29 / Chapter 5 / Section 29-5-15
Georgia Code Title 29. Guardian and Ward § 29-5-15
Status: in_force

(a) Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-14 .

(a) Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-14 .

(b) If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.

(b) If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.

(c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall: (1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment; (2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition; (3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10 , to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within 72 hours, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-14 ; (4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall: (A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed ward's property; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward of the appointment of legal counsel; and (E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and (5) Appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed ward's signature without the court's prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. Appointment of an emergency conservator under this paragraph is not a final determination of the proposed ward's need for a nonemergency conservator.

(c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall:

(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment;

(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment;

(2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition;

(2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition;

(3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10 , to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within 72 hours, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-14 ;

(3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10 , to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within 72 hours, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-14 ;

(4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall: (A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed ward's property; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward of the appointment of legal counsel; and (E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and

(4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:

(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail;

(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail;

(B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed ward's property;

(B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed ward's property;

(C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection;

(C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection;

(D) Inform the proposed ward of the appointment of legal counsel; and

(D) Inform the proposed ward of the appointment of legal counsel; and

(E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and

(E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and

(5) Appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed ward's signature without the court's prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. Appointment of an emergency conservator under this paragraph is not a final determination of the proposed ward's need for a nonemergency conservator.

(5) Appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed ward's signature without the court's prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. Appointment of an emergency conservator under this paragraph is not a final determination of the proposed ward's need for a nonemergency conservator.
O.C.G.A. § 29-7-9 — GA Code / Title 29 / Chapter 7 / Section 29-7-9
Georgia Code Title 29. Guardian and Ward § 29-7-9
Status: in_force

(a) The following persons and entities may serve as VA guardians subject to the restrictions listed: (1) An individual deemed fit and proper by the court may be a VA guardian of that individual's children, parents, and grandparents without limitation; (2) A bank or trust company doing business in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; (3) A person appointed while serving as county guardian in any county in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; or (4) Any other person, provided that any person who is currently serving as the VA guardian for ten or more wards must so state in that person's petition to be appointed as the VA guardian for additional wards, and provided, further, the department shall have the right to direct the court in writing to deny the petition.

(a) The following persons and entities may serve as VA guardians subject to the restrictions listed:

(1) An individual deemed fit and proper by the court may be a VA guardian of that individual's children, parents, and grandparents without limitation;

(1) An individual deemed fit and proper by the court may be a VA guardian of that individual's children, parents, and grandparents without limitation;

(2) A bank or trust company doing business in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries;

(2) A bank or trust company doing business in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries;

(3) A person appointed while serving as county guardian in any county in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; or

(3) A person appointed while serving as county guardian in any county in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; or

(4) Any other person, provided that any person who is currently serving as the VA guardian for ten or more wards must so state in that person's petition to be appointed as the VA guardian for additional wards, and provided, further, the department shall have the right to direct the court in writing to deny the petition.

(4) Any other person, provided that any person who is currently serving as the VA guardian for ten or more wards must so state in that person's petition to be appointed as the VA guardian for additional wards, and provided, further, the department shall have the right to direct the court in writing to deny the petition.

(b) Upon presentation of a petition by the department alleging that the VA guardian is acting in a fiduciary capacity in violation of this Code section and requesting the discharge of that VA guardian, the court upon proof substantiating the petition shall: (1) Require a final accounting immediately from a sufficient number of VA guardianships, in reverse chronological order, to bring the VA guardian within compliance of this Code section; (2) Require final settlements of accounts immediately on the VA guardianships described in paragraph (1) of this subsection; and (3) Discharge the VA guardian in cases as the court deems proper.

(b) Upon presentation of a petition by the department alleging that the VA guardian is acting in a fiduciary capacity in violation of this Code section and requesting the discharge of that VA guardian, the court upon proof substantiating the petition shall:

(1) Require a final accounting immediately from a sufficient number of VA guardianships, in reverse chronological order, to bring the VA guardian within compliance of this Code section;

(1) Require a final accounting immediately from a sufficient number of VA guardianships, in reverse chronological order, to bring the VA guardian within compliance of this Code section;

(2) Require final settlements of accounts immediately on the VA guardianships described in paragraph (1) of this subsection; and

(2) Require final settlements of accounts immediately on the VA guardianships described in paragraph (1) of this subsection; and

(3) Discharge the VA guardian in cases as the court deems proper.

(3) Discharge the VA guardian in cases as the court deems proper.
O.C.G.A. § 29-3-22 — GA Code / Title 29 / Chapter 3 / Section 29-3-22
Georgia Code Title 29. Guardian and Ward § 29-3-22
Status: in_force

(a) Without court order, the appointment of a conservator shall vest in the conservator the exclusive power to: (1) Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor; (2) Enter into contracts for labor or services upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 ; (3) Borrow money for one year or less and bind the minor or the minor's property, but only if the amount of the annual payments when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 and only if done for purposes of paying the minor's debts, providing for the support, care, education, health, or welfare of the minor, or repairing the minor's dwelling place; (4) Receive, collect, and hold the minor's property, additions to the minor's property, and all related records, subject to subsection (d) of Code Section 29-3-41 ; (5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-3-31 ; (6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor; (7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the minor; (8) Examine the will and any other estate planning documents of the minor; (9) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservator's sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator; (10) Invest the minor's property pursuant to the provisions of Code Sections 29-3-32 and 29-3-33 ; (11) Sell the minor's stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-3-35 ; (12) Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount not greater than $25,000.00; and (13) Release the debtor and compromise all debts in an amount not greater than $25,000.00 when the collection of the debt is doubtful.

(a) Without court order, the appointment of a conservator shall vest in the conservator the exclusive power to:

(1) Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor;

(1) Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor;

(2) Enter into contracts for labor or services upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 ;

(2) Enter into contracts for labor or services upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 ;

(3) Borrow money for one year or less and bind the minor or the minor's property, but only if the amount of the annual payments when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 and only if done for purposes of paying the minor's debts, providing for the support, care, education, health, or welfare of the minor, or repairing the minor's dwelling place;

(3) Borrow money for one year or less and bind the minor or the minor's property, but only if the amount of the annual payments when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 and only if done for purposes of paying the minor's debts, providing for the support, care, education, health, or welfare of the minor, or repairing the minor's dwelling place;

(4) Receive, collect, and hold the minor's property, additions to the minor's property, and all related records, subject to subsection (d) of Code Section 29-3-41 ;

(4) Receive, collect, and hold the minor's property, additions to the minor's property, and all related records, subject to subsection (d) of Code Section 29-3-41 ;

(5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-3-31 ;

(5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-3-31 ;

(6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor;

(6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor;

(7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the minor;

(7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the minor;

(8) Examine the will and any other estate planning documents of the minor;

(8) Examine the will and any other estate planning documents of the minor;

(9) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservator's sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator;

(9) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservator's sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator;

(10) Invest the minor's property pursuant to the provisions of Code Sections 29-3-32 and 29-3-33 ;

(10) Invest the minor's property pursuant to the provisions of Code Sections 29-3-32 and 29-3-33 ;

(11) Sell the minor's stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-3-35 ;

(11) Sell the minor's stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-3-35 ;

(12) Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount not greater than $25,000.00; and

(12) Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount not greater than $25,000.00; and

(13) Release the debtor and compromise all debts in an amount not greater than $25,000.00 when the collection of the debt is doubtful.

(13) Release the debtor and compromise all debts in an amount not greater than $25,000.00 when the collection of the debt is doubtful.

(b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to: (A) Invest the minor's property in investments other than those authorized in Code Section 29-3-32 , pursuant to the provisions of Code Section 29-3-34 , without further court approval of any investment; (B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 , other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35 ; (C) Continue the operation of any farm or business in which the minor has an interest; or (D) Access the digital assets of the minor, pursuant to Code Section 53-13-20 . (2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order such hearing as the court deems appropriate. Notice shall be given by personal service to the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any; the surety on the conservator's bond; and to the following relatives of the minor whose whereabouts are known: (A) Any parent of the minor whose parental rights have not been terminated; (B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need to be notified; (C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified; or (D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1 .

(b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to: (A) Invest the minor's property in investments other than those authorized in Code Section 29-3-32 , pursuant to the provisions of Code Section 29-3-34 , without further court approval of any investment; (B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 , other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35 ; (C) Continue the operation of any farm or business in which the minor has an interest; or (D) Access the digital assets of the minor, pursuant to Code Section 53-13-20 .

(b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to:

(A) Invest the minor's property in investments other than those authorized in Code Section 29-3-32 , pursuant to the provisions of Code Section 29-3-34 , without further court approval of any investment;

(A) Invest the minor's property in investments other than those authorized in Code Section 29-3-32 , pursuant to the provisions of Code Section 29-3-34 , without further court approval of any investment;

(B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 , other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35 ;

(B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 , other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35 ;

(C) Continue the operation of any farm or business in which the minor has an interest; or

(C) Continue the operation of any farm or business in which the minor has an interest; or

(D) Access the digital assets of the minor, pursuant to Code Section 53-13-20 .

(D) Access the digital assets of the minor, pursuant to Code Section 53-13-20 .

(2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order such hearing as the court deems appropriate. Notice shall be given by personal service to the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any; the surety on the conservator's bond; and to the following relatives of the minor whose whereabouts are known: (A) Any parent of the minor whose parental rights have not been terminated; (B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need to be notified; (C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified; or (D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1 .

(2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order such hearing as the court deems appropriate. Notice shall be given by personal service to the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any; the surety on the conservator's bond; and to the following relatives of the minor whose whereabouts are known:

(A) Any parent of the minor whose parental rights have not been terminated;

(A) Any parent of the minor whose parental rights have not been terminated;

(B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need to be notified;

(B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need to be notified;

(C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified; or

(C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified; or

(D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1 .

(D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1 .

(c) After appointment of a guardian ad litem for the minor and such hearing as the court deems appropriate, in granting the petition for appointment of conservator or at any time during the conservatorship, the court may grant the conservator any of the following powers on a case-by-case basis: (1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor; (2) To enter into contracts for labor or services for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 ; (3) To make specific investments of the minor's property that do not comply with the provisions of Code Section 29-3-32 , pursuant to the provisions of Code Section 29-3-34 ; (4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35 ; (5) Pursuant to the provisions of Code Section 29-3-3 , to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount greater than $25,000.00; (6) To release the debtor and compromise a debt that is in an amount greater than $25,000.00 when the collection of the debt is doubtful; (7) To establish or add property to a trust for the benefit of the minor; provided, however, that the trust must provide that the minor may revoke the trust at any time after reaching the age of majority and, unless otherwise provided by court order pursuant to Code Section 29-3-36 , the trust shall terminate upon the minor's death and any property remaining in the trust shall be paid to the minor's estate; (8) To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 ; (9) To access the digital assets of the minor pursuant to Code Section 53-13-20 ; (10) To engage in estate planning for the minor pursuant to the provisions of Code Section 29-3-36 ; and (11) To perform such other acts as may be in the best interest of the minor.

(c) After appointment of a guardian ad litem for the minor and such hearing as the court deems appropriate, in granting the petition for appointment of conservator or at any time during the conservatorship, the court may grant the conservator any of the following powers on a case-by-case basis:

(1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor;

(1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor;

(2) To enter into contracts for labor or services for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 ;

(2) To enter into contracts for labor or services for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 ;

(3) To make specific investments of the minor's property that do not comply with the provisions of Code Section 29-3-32 , pursuant to the provisions of Code Section 29-3-34 ;

(3) To make specific investments of the minor's property that do not comply with the provisions of Code Section 29-3-32 , pursuant to the provisions of Code Section 29-3-34 ;

(4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35 ;

(4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35 ;

(5) Pursuant to the provisions of Code Section 29-3-3 , to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount greater than $25,000.00;

(5) Pursuant to the provisions of Code Section 29-3-3 , to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in an amount greater than $25,000.00;

(6) To release the debtor and compromise a debt that is in an amount greater than $25,000.00 when the collection of the debt is doubtful;

(6) To release the debtor and compromise a debt that is in an amount greater than $25,000.00 when the collection of the debt is doubtful;

(7) To establish or add property to a trust for the benefit of the minor; provided, however, that the trust must provide that the minor may revoke the trust at any time after reaching the age of majority and, unless otherwise provided by court order pursuant to Code Section 29-3-36 , the trust shall terminate upon the minor's death and any property remaining in the trust shall be paid to the minor's estate;

(7) To establish or add property to a trust for the benefit of the minor; provided, however, that the trust must provide that the minor may revoke the trust at any time after reaching the age of majority and, unless otherwise provided by court order pursuant to Code Section 29-3-36 , the trust shall terminate upon the minor's death and any property remaining in the trust shall be paid to the minor's estate;

(8) To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 ;

(8) To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 ;

(9) To access the digital assets of the minor pursuant to Code Section 53-13-20 ;

(9) To access the digital assets of the minor pursuant to Code Section 53-13-20 ;

(10) To engage in estate planning for the minor pursuant to the provisions of Code Section 29-3-36 ; and

(10) To engage in estate planning for the minor pursuant to the provisions of Code Section 29-3-36 ; and

(11) To perform such other acts as may be in the best interest of the minor.

(11) To perform such other acts as may be in the best interest of the minor.

(d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, if there is no guardian, of others who have custody of the minor.

(d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, if there is no guardian, of others who have custody of the minor.

(e) In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody of the minor.

(e) In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody of the minor.
O.C.G.A. § 29-9-14 — GA Code / Title 29 / Chapter 9 / Section 29-9-14
Georgia Code Title 29. Guardian and Ward § 29-9-14
Status: in_force

The court on its own motion may order a hearing on any matter related to a conservatorship or guardianship even if no objection is filed.
O.C.G.A. § 29-5-44 — GA Code / Title 29 / Chapter 5 / Section 29-5-44
Georgia Code Title 29. Guardian and Ward § 29-5-44
Status: in_force

(a) A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate.

(a) A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate.

(b) When the guardian is required to give bond pursuant to Code Section 29-4-30 , the conservator shall, upon the request of the guardian, pay any bond premium from the estate.

(b) When the guardian is required to give bond pursuant to Code Section 29-4-30 , the conservator shall, upon the request of the guardian, pay any bond premium from the estate.
O.C.G.A. § 29-2-5 — GA Code / Title 29 / Chapter 2 / Section 29-2-5
Georgia Code Title 29. Guardian and Ward § 29-2-5
Status: in_force

(a) A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor.

(a) A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor.

(b) The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary of this state, the petition may be filed in the probate court of the county where the minor is found.

(b) The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary of this state, the petition may be filed in the probate court of the county where the minor is found.

(c) A petition for the appointment of a temporary guardian shall include the following: (1) The name, address, and date of birth of the minor; (2) The name and address of the petitioner and the petitioner's relationship to the minor, if any; (3) A statement that the petitioner has physical custody of the minor and: (A) Is domiciled in the county in which the petition is being filed; or (B) Is not a domiciliary of this state and the petition is being filed in the county where the minor is found; (4) The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor's natural guardian; (5) A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition; (6) If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and (7) The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.

(c) A petition for the appointment of a temporary guardian shall include the following:

(1) The name, address, and date of birth of the minor;

(1) The name, address, and date of birth of the minor;

(2) The name and address of the petitioner and the petitioner's relationship to the minor, if any;

(2) The name and address of the petitioner and the petitioner's relationship to the minor, if any;

(3) A statement that the petitioner has physical custody of the minor and: (A) Is domiciled in the county in which the petition is being filed; or (B) Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;

(3) A statement that the petitioner has physical custody of the minor and:

(A) Is domiciled in the county in which the petition is being filed; or

(A) Is domiciled in the county in which the petition is being filed; or

(B) Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;

(B) Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;

(4) The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor's natural guardian;

(4) The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor's natural guardian;

(5) A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition;

(5) A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition;

(6) If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and

(6) If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and

(7) The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.

(7) The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.
O.C.G.A. § 29-5-91 — GA Code / Title 29 / Chapter 5 / Section 29-5-91
Georgia Code Title 29. Guardian and Ward § 29-5-91
Status: in_force

(a) In the event of the death of a conservator and upon the petition of an interested person or upon the court's own motion, the court shall appoint a successor conservator. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward's legal counsel. Notice shall be given by first-class mail to the guardian of the ward, if any, the surety on the conservator's bond, the personal representative of the deceased conservator, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator: (1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority: (A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and (C) Friends of the ward.

(a) In the event of the death of a conservator and upon the petition of an interested person or upon the court's own motion, the court shall appoint a successor conservator. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward's legal counsel. Notice shall be given by first-class mail to the guardian of the ward, if any, the surety on the conservator's bond, the personal representative of the deceased conservator, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:

(1) The spouse of the ward; and

(1) The spouse of the ward; and

(2) All adult children of the ward; or

(2) All adult children of the ward; or

(3) If there is no adult child, then at least two adults in the following order of priority: (A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and (C) Friends of the ward.

(3) If there is no adult child, then at least two adults in the following order of priority:

(A) Lineal descendants of the ward;

(A) Lineal descendants of the ward;

(B) Parents and siblings of the ward; and

(B) Parents and siblings of the ward; and

(C) Friends of the ward.

(C) Friends of the ward.

(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-5-101 and requiring the personal representative of the deceased conservator to turn over to the successor conservator all property of the ward held by the conservator.

(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-5-101 and requiring the personal representative of the deceased conservator to turn over to the successor conservator all property of the ward held by the conservator.
O.C.G.A. § 29-2-6 — GA Code / Title 29 / Chapter 2 / Section 29-2-6
Georgia Code Title 29. Guardian and Ward § 29-2-6
Status: in_force

(a) Except as otherwise provided in subsection (f) of this Code section, if the sole parent or both parents of the minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.

(a) Except as otherwise provided in subsection (f) of this Code section, if the sole parent or both parents of the minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.

(b)(1) If one or both of the parents of the minor have not consented to the appointment of the temporary guardian, notice of the petition shall be given to any parent who has not consented. (2) The notice shall be by personal service if the parent resides in this state at a known address; by first-class mail if the parent resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. (3) The notice shall state that the parent is entitled to object either to the establishment of a temporary guardianship or to the selection of the petitioner as temporary guardian, or both. (4) The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.

(b)(1) If one or both of the parents of the minor have not consented to the appointment of the temporary guardian, notice of the petition shall be given to any parent who has not consented.

(b)(1) If one or both of the parents of the minor have not consented to the appointment of the temporary guardian, notice of the petition shall be given to any parent who has not consented.

(2) The notice shall be by personal service if the parent resides in this state at a known address; by first-class mail if the parent resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known.

(2) The notice shall be by personal service if the parent resides in this state at a known address; by first-class mail if the parent resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known.

(3) The notice shall state that the parent is entitled to object either to the establishment of a temporary guardianship or to the selection of the petitioner as temporary guardian, or both.

(3) The notice shall state that the parent is entitled to object either to the establishment of a temporary guardianship or to the selection of the petitioner as temporary guardian, or both.

(4) The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.

(4) The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.

(c) Except as otherwise provided in subsection (f) of this Code section, if no parent who is entitled to notice under subsection (b) of this Code section files a timely objection to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.

(c) Except as otherwise provided in subsection (f) of this Code section, if no parent who is entitled to notice under subsection (b) of this Code section files a timely objection to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.

(d) If a natural guardian of the minor files a timely objection to the establishment of the temporary guardianship, the court shall dismiss the petition. If a natural guardian files a timely objection to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine who shall serve as temporary guardian.

(d) If a natural guardian of the minor files a timely objection to the establishment of the temporary guardianship, the court shall dismiss the petition. If a natural guardian files a timely objection to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine who shall serve as temporary guardian.

(e) If a parent who is not a natural guardian files a timely objection to the establishment of the temporary guardianship or to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine all matters at issue.

(e) If a parent who is not a natural guardian files a timely objection to the establishment of the temporary guardianship or to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine all matters at issue.

(f)(1) In all hearings held pursuant to this Code section, the standard for determination for all matters at issue shall be the best interests of the minor, as determined in accordance with Code Section 15-11-26 and other applicable Georgia law. As to the selection of the temporary guardian, the preference of the minor may be heard. (2) In all proceedings under this Code section, the court may, in its discretion, enter an order transferring the petition to the juvenile court, which shall, after notice and hearing, determine whether the temporary guardianship is in the best interests of the minor. (3) Notwithstanding subsection (a) of this Code section, an order by the court transferring the petition to the juvenile court pursuant to paragraph (2) of this subsection shall be a proper order of the court under paragraph (4) of Code Section 15-11-11 .

(f)(1) In all hearings held pursuant to this Code section, the standard for determination for all matters at issue shall be the best interests of the minor, as determined in accordance with Code Section 15-11-26 and other applicable Georgia law. As to the selection of the temporary guardian, the preference of the minor may be heard.

(f)(1) In all hearings held pursuant to this Code section, the standard for determination for all matters at issue shall be the best interests of the minor, as determined in accordance with Code Section 15-11-26 and other applicable Georgia law. As to the selection of the temporary guardian, the preference of the minor may be heard.

(2) In all proceedings under this Code section, the court may, in its discretion, enter an order transferring the petition to the juvenile court, which shall, after notice and hearing, determine whether the temporary guardianship is in the best interests of the minor.

(2) In all proceedings under this Code section, the court may, in its discretion, enter an order transferring the petition to the juvenile court, which shall, after notice and hearing, determine whether the temporary guardianship is in the best interests of the minor.

(3) Notwithstanding subsection (a) of this Code section, an order by the court transferring the petition to the juvenile court pursuant to paragraph (2) of this subsection shall be a proper order of the court under paragraph (4) of Code Section 15-11-11 .

(3) Notwithstanding subsection (a) of this Code section, an order by the court transferring the petition to the juvenile court pursuant to paragraph (2) of this subsection shall be a proper order of the court under paragraph (4) of Code Section 15-11-11 .
O.C.G.A. § 29-4-12 — GA Code / Title 29 / Chapter 4 / Section 29-4-12
Georgia Code Title 29. Guardian and Ward § 29-4-12
Status: in_force

(a) After the filing of the evaluation report, the court shall review the pleadings and the evaluation report.

(a) After the filing of the evaluation report, the court shall review the pleadings and the evaluation report.

(b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1 , the court shall dismiss the petition.

(b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1 , the court shall dismiss the petition.

(c) If, after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a guardian, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed ward's legal counsel, and the proposed ward's guardian ad litem, if any; the petitioner or the petitioner's legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-4-10 . The date of the hearing shall not be less than ten days after the notice is mailed.

(c) If, after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a guardian, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed ward's legal counsel, and the proposed ward's guardian ad litem, if any; the petitioner or the petitioner's legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-4-10 . The date of the hearing shall not be less than ten days after the notice is mailed.

(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at such other place as the court may choose. At the request of the proposed ward or the proposed ward's legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court's action. The proposed ward or the proposed ward's legal counsel may waive the appearance of the proposed ward at the hearing. (2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-4-13 . (3) The court shall apply the rules of evidence applicable in civil cases. (4) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. (5) Upon determination of the need for a guardianship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-4-21 and whether any additional powers are to be granted to the guardian, pursuant to the provisions of subsection (b) of Code Section 29-4-23 . (6) If the court determines that a guardianship is necessary and the proposed ward is present, the proposed ward may suggest any individual as guardian. The court shall select as guardian the individual who will serve the best interest of the ward. (7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for such hearing, the judge shall appoint an individual to hear the case and exercise all the jurisdiction of the court in the case. Any individual appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge's successor in office. The compensation of an individual appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county.

(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at such other place as the court may choose. At the request of the proposed ward or the proposed ward's legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court's action. The proposed ward or the proposed ward's legal counsel may waive the appearance of the proposed ward at the hearing.

(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at such other place as the court may choose. At the request of the proposed ward or the proposed ward's legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court's action. The proposed ward or the proposed ward's legal counsel may waive the appearance of the proposed ward at the hearing.

(2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-4-13 .

(2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-4-13 .

(3) The court shall apply the rules of evidence applicable in civil cases.

(3) The court shall apply the rules of evidence applicable in civil cases.

(4) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner.

(4) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner.

(5) Upon determination of the need for a guardianship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-4-21 and whether any additional powers are to be granted to the guardian, pursuant to the provisions of subsection (b) of Code Section 29-4-23 .

(5) Upon determination of the need for a guardianship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-4-21 and whether any additional powers are to be granted to the guardian, pursuant to the provisions of subsection (b) of Code Section 29-4-23 .

(6) If the court determines that a guardianship is necessary and the proposed ward is present, the proposed ward may suggest any individual as guardian. The court shall select as guardian the individual who will serve the best interest of the ward.

(6) If the court determines that a guardianship is necessary and the proposed ward is present, the proposed ward may suggest any individual as guardian. The court shall select as guardian the individual who will serve the best interest of the ward.

(7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for such hearing, the judge shall appoint an individual to hear the case and exercise all the jurisdiction of the court in the case. Any individual appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge's successor in office. The compensation of an individual appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county.

(7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for such hearing, the judge shall appoint an individual to hear the case and exercise all the jurisdiction of the court in the case. Any individual appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge's successor in office. The compensation of an individual appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county.
O.C.G.A. § 29-9-2 — GA Code / Title 29 / Chapter 9 / Section 29-9-2
Georgia Code Title 29. Guardian and Ward § 29-9-2
Status: in_force

(a)(1) The court, in its discretion, may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does not supersede any specific requirement for that individual to be served either by personal service or in the manner provided by subsection (a) of Code Section 15-9-17 , and the guardian ad litem may not waive personal service for that individual. (2) Except as provided in paragraph (1) of this subsection, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of such person shall be represented in the proceeding by a guardian ad litem; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator, if any, or the duly constituted guardian, if any, has no conflict of interest and thus may represent for the purpose of the proceeding a person who is not sui juris. Service upon or notice to a guardian ad litem shall constitute service upon or notice to such person who is not sui juris, and except as provided in subsection (a) of Code Section 15-9-17 , no additional service upon or notice to such person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall, except as otherwise provided in Code Section 15-9-17 , be binding upon the person represented. The guardian ad litem may represent a single person or more than one person or a class of persons with common or nonadverse interests. (3) Whenever a guardian ad litem is appointed, the court may limit the appointment, may remove the guardian ad litem, or may at any time for cause appoint a successor guardian ad litem. (4)(A) In every petition filed in the court, the petitioner shall identify each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such conservator or guardian to act. (B) The authority of a conservator or guardian to act may be established under subparagraph (A) of this paragraph by showing: (i) Compliance by a foreign guardian of a minor with the filing requirements of subsection (b) of Code Section 29-2-74 or of Code Section 29-2-76 ; (ii) Compliance by a foreign conservator of the property of a minor with the filing requirements of subsection (b) of Code Section 29-3-115 or of Code Section 29-3-117 ; (iii) Compliance by a foreign guardian of an adult with the filing requirements of subsection (b) of Code Section 29-4-95 or of Code Section 29-4-97 ; (iv) Compliance by a foreign conservator of the property of an adult with the filing requirements of subsection (b) of Code Section 29-5-135 or of Code Section 29-5-137 ; or (v) The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of this title. (C) Notwithstanding the provisions of subparagraphs (A) and (B) of this paragraph, the court may take judicial notice of the issuance of the letters appointing such conservator or guardian, and of the authority of such conservator or guardian to act, in the manner provided by Chapter 2 of Title 24.

(a)(1) The court, in its discretion, may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does not supersede any specific requirement for that individual to be served either by personal service or in the manner provided by subsection (a) of Code Section 15-9-17 , and the guardian ad litem may not waive personal service for that individual.

(a)(1) The court, in its discretion, may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does not supersede any specific requirement for that individual to be served either by personal service or in the manner provided by subsection (a) of Code Section 15-9-17 , and the guardian ad litem may not waive personal service for that individual.

(2) Except as provided in paragraph (1) of this subsection, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of such person shall be represented in the proceeding by a guardian ad litem; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator, if any, or the duly constituted guardian, if any, has no conflict of interest and thus may represent for the purpose of the proceeding a person who is not sui juris. Service upon or notice to a guardian ad litem shall constitute service upon or notice to such person who is not sui juris, and except as provided in subsection (a) of Code Section 15-9-17 , no additional service upon or notice to such person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall, except as otherwise provided in Code Section 15-9-17 , be binding upon the person represented. The guardian ad litem may represent a single person or more than one person or a class of persons with common or nonadverse interests.

(2) Except as provided in paragraph (1) of this subsection, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of such person shall be represented in the proceeding by a guardian ad litem; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator, if any, or the duly constituted guardian, if any, has no conflict of interest and thus may represent for the purpose of the proceeding a person who is not sui juris. Service upon or notice to a guardian ad litem shall constitute service upon or notice to such person who is not sui juris, and except as provided in subsection (a) of Code Section 15-9-17 , no additional service upon or notice to such person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall, except as otherwise provided in Code Section 15-9-17 , be binding upon the person represented. The guardian ad litem may represent a single person or more than one person or a class of persons with common or nonadverse interests.

(3) Whenever a guardian ad litem is appointed, the court may limit the appointment, may remove the guardian ad litem, or may at any time for cause appoint a successor guardian ad litem.

(3) Whenever a guardian ad litem is appointed, the court may limit the appointment, may remove the guardian ad litem, or may at any time for cause appoint a successor guardian ad litem.

(4)(A) In every petition filed in the court, the petitioner shall identify each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such conservator or guardian to act. (B) The authority of a conservator or guardian to act may be established under subparagraph (A) of this paragraph by showing: (i) Compliance by a foreign guardian of a minor with the filing requirements of subsection (b) of Code Section 29-2-74 or of Code Section 29-2-76 ; (ii) Compliance by a foreign conservator of the property of a minor with the filing requirements of subsection (b) of Code Section 29-3-115 or of Code Section 29-3-117 ; (iii) Compliance by a foreign guardian of an adult with the filing requirements of subsection (b) of Code Section 29-4-95 or of Code Section 29-4-97 ; (iv) Compliance by a foreign conservator of the property of an adult with the filing requirements of subsection (b) of Code Section 29-5-135 or of Code Section 29-5-137 ; or (v) The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of this title. (C) Notwithstanding the provisions of subparagraphs (A) and (B) of this paragraph, the court may take judicial notice of the issuance of the letters appointing such conservator or guardian, and of the authority of such conservator or guardian to act, in the manner provided by Chapter 2 of Title 24.

(4)(A) In every petition filed in the court, the petitioner shall identify each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such conservator or guardian to act.

(4)(A) In every petition filed in the court, the petitioner shall identify each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such conservator or guardian to act.

(B) The authority of a conservator or guardian to act may be established under subparagraph (A) of this paragraph by showing: (i) Compliance by a foreign guardian of a minor with the filing requirements of subsection (b) of Code Section 29-2-74 or of Code Section 29-2-76 ; (ii) Compliance by a foreign conservator of the property of a minor with the filing requirements of subsection (b) of Code Section 29-3-115 or of Code Section 29-3-117 ; (iii) Compliance by a foreign guardian of an adult with the filing requirements of subsection (b) of Code Section 29-4-95 or of Code Section 29-4-97 ; (iv) Compliance by a foreign conservator of the property of an adult with the filing requirements of subsection (b) of Code Section 29-5-135 or of Code Section 29-5-137 ; or (v) The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of this title.

(B) The authority of a conservator or guardian to act may be established under subparagraph (A) of this paragraph by showing:

(i) Compliance by a foreign guardian of a minor with the filing requirements of subsection (b) of Code Section 29-2-74 or of Code Section 29-2-76 ;

(i) Compliance by a foreign guardian of a minor with the filing requirements of subsection (b) of Code Section 29-2-74 or of Code Section 29-2-76 ;

(ii) Compliance by a foreign conservator of the property of a minor with the filing requirements of subsection (b) of Code Section 29-3-115 or of Code Section 29-3-117 ;

(ii) Compliance by a foreign conservator of the property of a minor with the filing requirements of subsection (b) of Code Section 29-3-115 or of Code Section 29-3-117 ;

(iii) Compliance by a foreign guardian of an adult with the filing requirements of subsection (b) of Code Section 29-4-95 or of Code Section 29-4-97 ;

(iii) Compliance by a foreign guardian of an adult with the filing requirements of subsection (b) of Code Section 29-4-95 or of Code Section 29-4-97 ;

(iv) Compliance by a foreign conservator of the property of an adult with the filing requirements of subsection (b) of Code Section 29-5-135 or of Code Section 29-5-137 ; or

(iv) Compliance by a foreign conservator of the property of an adult with the filing requirements of subsection (b) of Code Section 29-5-135 or of Code Section 29-5-137 ; or

(v) The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of this title.

(v) The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of this title.

(C) Notwithstanding the provisions of subparagraphs (A) and (B) of this paragraph, the court may take judicial notice of the issuance of the letters appointing such conservator or guardian, and of the authority of such conservator or guardian to act, in the manner provided by Chapter 2 of Title 24.

(C) Notwithstanding the provisions of subparagraphs (A) and (B) of this paragraph, the court may take judicial notice of the issuance of the letters appointing such conservator or guardian, and of the authority of such conservator or guardian to act, in the manner provided by Chapter 2 of Title 24.

(b) A person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as counsel for the same individual.

(b) A person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as counsel for the same individual.
O.C.G.A. § 29-4-41 — GA Code / Title 29 / Chapter 4 / Section 29-4-41
Georgia Code Title 29. Guardian and Ward § 29-4-41
Status: in_force

(a) Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may modify the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-22 and 29-4-23 , or the powers of the ward, as defined in Code Sections 29-4-20 and 29-4-21 , or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the guardianship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, and the ward's conservator, if any. In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.

(a) Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may modify the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-22 and 29-4-23 , or the powers of the ward, as defined in Code Sections 29-4-20 and 29-4-21 , or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the guardianship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, and the ward's conservator, if any. In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.

(b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11 . If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with notice as the court deems appropriate.

(b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11 . If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with notice as the court deems appropriate.

(c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modify the guardianship upon a showing that the modification is in the ward's best interest; provided, however, that the court may order compliance with any of the provisions of subsection (b) of this Code section prior to granting the petition for modification.

(c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modify the guardianship upon a showing that the modification is in the ward's best interest; provided, however, that the court may order compliance with any of the provisions of subsection (b) of this Code section prior to granting the petition for modification.

(d) In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the powers of the ward, the burden is on the petitioner to show by clear and convincing evidence that the modification is in the ward's best interest. In any proceeding under this Code section that would restrict the powers of the guardian or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the ward's best interest.

(d) In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the powers of the ward, the burden is on the petitioner to show by clear and convincing evidence that the modification is in the ward's best interest. In any proceeding under this Code section that would restrict the powers of the guardian or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the ward's best interest.

(e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification unless the petitioner shows a significant change in the condition or circumstances of the ward.

(e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification unless the petitioner shows a significant change in the condition or circumstances of the ward.
O.C.G.A. § 29-9-3 — GA Code / Title 29 / Chapter 9 / Section 29-9-3
Georgia Code Title 29. Guardian and Ward § 29-9-3
Status: in_force

(a) Except as otherwise ordered by the court under paragraph (2) of subsection (a) of Code Section 29-4-10 , under paragraph (2) of subsection (a) of Code Section 29-5-10 , or under subsection (b) of Code Section 29-11-16 , and except as otherwise provided in subsection (a) of Code Section 9-12-135 , all costs of court under Code Sections 15-9-60 and 15-9-126 or other applicable law and all compensation, fees, and expenses awarded by the court under subsections (a) and (b) of Code Section 29-9-15 , under Code Section 29-9-16 , or under subsection (b) of Code Section 29-9-18 , may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding as provided in subsections (b) and (c) of this Code section.

(a) Except as otherwise ordered by the court under paragraph (2) of subsection (a) of Code Section 29-4-10 , under paragraph (2) of subsection (a) of Code Section 29-5-10 , or under subsection (b) of Code Section 29-11-16 , and except as otherwise provided in subsection (a) of Code Section 9-12-135 , all costs of court under Code Sections 15-9-60 and 15-9-126 or other applicable law and all compensation, fees, and expenses awarded by the court under subsections (a) and (b) of Code Section 29-9-15 , under Code Section 29-9-16 , or under subsection (b) of Code Section 29-9-18 , may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding as provided in subsections (b) and (c) of this Code section.

(b) In any proceeding for the appointment of a guardian or conservator pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the proceeding, considering the following: (1) The estate of the minor or ward for whom a guardian or conservator is appointed in such proceeding; (2) The conduct of the petitioners in any such proceeding in which no guardianship order or conservatorship order is entered by the court; (3) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), or (4) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses; (4) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or (5) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward.

(b) In any proceeding for the appointment of a guardian or conservator pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the proceeding, considering the following:

(1) The estate of the minor or ward for whom a guardian or conservator is appointed in such proceeding;

(1) The estate of the minor or ward for whom a guardian or conservator is appointed in such proceeding;

(2) The conduct of the petitioners in any such proceeding in which no guardianship order or conservatorship order is entered by the court;

(2) The conduct of the petitioners in any such proceeding in which no guardianship order or conservatorship order is entered by the court;

(3) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), or (4) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses;

(3) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), or (4) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses;

(4) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or

(4) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or

(5) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward.

(5) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward.

(c) In all proceedings pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title other than for the appointment of a guardian or conservator, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding, considering the following: (1) The estate of the minor or ward for whom a guardian or conservator has been appointed in any such proceeding, if the court finds that the proceeding was brought in the best interest of the minor or ward; (2) The conduct of the petitioners or movants in any such proceeding; (3) The conduct of a guardian or conservator or the surety on such guardian's or conservator's bond, subject to other applicable law governing the liability of sureties on such bonds, in any such proceeding, if: (A) Such guardian or conservator admits to a violation of any obligation of such guardian or conservator in such guardian's or conservator's representative capacity under this title or other applicable law; (B) The court finds that such guardian or conservator has committed a breach of fiduciary duty or has threatened to commit a breach of fiduciary duty; (C) The court revokes or suspends such guardian's letters of guardianship or such conservator's letters of conservatorship or imposes sanctions upon such guardian or conservator in such proceeding; or (D) The court otherwise finds that such guardian or conservator has committed misconduct or has acted contrary to the best interest of the minor or ward; (4) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over any such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), (3), or (5) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses; (5) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or (6) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward.

(c) In all proceedings pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title other than for the appointment of a guardian or conservator, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding, considering the following:

(1) The estate of the minor or ward for whom a guardian or conservator has been appointed in any such proceeding, if the court finds that the proceeding was brought in the best interest of the minor or ward;

(1) The estate of the minor or ward for whom a guardian or conservator has been appointed in any such proceeding, if the court finds that the proceeding was brought in the best interest of the minor or ward;

(2) The conduct of the petitioners or movants in any such proceeding;

(2) The conduct of the petitioners or movants in any such proceeding;

(3) The conduct of a guardian or conservator or the surety on such guardian's or conservator's bond, subject to other applicable law governing the liability of sureties on such bonds, in any such proceeding, if: (A) Such guardian or conservator admits to a violation of any obligation of such guardian or conservator in such guardian's or conservator's representative capacity under this title or other applicable law; (B) The court finds that such guardian or conservator has committed a breach of fiduciary duty or has threatened to commit a breach of fiduciary duty; (C) The court revokes or suspends such guardian's letters of guardianship or such conservator's letters of conservatorship or imposes sanctions upon such guardian or conservator in such proceeding; or (D) The court otherwise finds that such guardian or conservator has committed misconduct or has acted contrary to the best interest of the minor or ward;

(3) The conduct of a guardian or conservator or the surety on such guardian's or conservator's bond, subject to other applicable law governing the liability of sureties on such bonds, in any such proceeding, if:

(A) Such guardian or conservator admits to a violation of any obligation of such guardian or conservator in such guardian's or conservator's representative capacity under this title or other applicable law;

(A) Such guardian or conservator admits to a violation of any obligation of such guardian or conservator in such guardian's or conservator's representative capacity under this title or other applicable law;

(B) The court finds that such guardian or conservator has committed a breach of fiduciary duty or has threatened to commit a breach of fiduciary duty;

(B) The court finds that such guardian or conservator has committed a breach of fiduciary duty or has threatened to commit a breach of fiduciary duty;

(C) The court revokes or suspends such guardian's letters of guardianship or such conservator's letters of conservatorship or imposes sanctions upon such guardian or conservator in such proceeding; or

(C) The court revokes or suspends such guardian's letters of guardianship or such conservator's letters of conservatorship or imposes sanctions upon such guardian or conservator in such proceeding; or

(D) The court otherwise finds that such guardian or conservator has committed misconduct or has acted contrary to the best interest of the minor or ward;

(D) The court otherwise finds that such guardian or conservator has committed misconduct or has acted contrary to the best interest of the minor or ward;

(4) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over any such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), (3), or (5) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses;

(4) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over any such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), (3), or (5) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses;

(5) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or

(5) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or

(6) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward.

(6) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward.

(d) An award of costs, compensation, fees, and expenses under this Code section may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt.

(d) An award of costs, compensation, fees, and expenses under this Code section may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt.

(e) For purposes of paragraph (4) of subsection (b) and paragraph (5) of subsection (c) of this Code section, “abuse, neglect, or exploitation” shall include, but shall not be limited to, the following when committed by an identified perpetrator against the person or property of the minor, proposed ward, or ward: (1) Conduct for which an additional civil penalty has been imposed under Code Section 10-1-851 after consideration of the factors enumerated in Code Section 10-1-852 ; (2) Conduct giving rise to a cause of action under Code Section 10-1-853 ; (3) Abuse, child abuse, coercion, deception, emotional abuse, exploitation, isolation, sexual abuse, or sexual exploitation as such terms are defined in Code Sections 15-11-2 , 16-5-100 , 16-5-102.1 , 30-5-3 , and 49-5-40 ; (4) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46 ; (5) Conduct in violation of Code Section 16-5-70 , 16-5-72 , 16-5-102 , 16-12-1 , 16-12-100.1 , 16-12-100.2 , or 30-5-8 ; (6) Conduct constituting neglect within the meaning of Code Section 16-5-101 or 30-5-3 ; (7) A serious violent felony as such term is defined in Code Section 17-10-6.1 ; (8) A sexual offense as such term is defined in Code Section 17-10-6.2 ; and (9) Conduct giving rise to a report, investigation, or hearing in accordance with Code Section 30-5-4 , 30-5-5 , or 31-7-9 . For purposes of this paragraph, a probate court acting under this Code section is a court of competent jurisdiction as provided for in subsection (a) of Code Section 30-5-7 .

(e) For purposes of paragraph (4) of subsection (b) and paragraph (5) of subsection (c) of this Code section, “abuse, neglect, or exploitation” shall include, but shall not be limited to, the following when committed by an identified perpetrator against the person or property of the minor, proposed ward, or ward:

(1) Conduct for which an additional civil penalty has been imposed under Code Section 10-1-851 after consideration of the factors enumerated in Code Section 10-1-852 ;

(1) Conduct for which an additional civil penalty has been imposed under Code Section 10-1-851 after consideration of the factors enumerated in Code Section 10-1-852 ;

(2) Conduct giving rise to a cause of action under Code Section 10-1-853 ;

(2) Conduct giving rise to a cause of action under Code Section 10-1-853 ;

(3) Abuse, child abuse, coercion, deception, emotional abuse, exploitation, isolation, sexual abuse, or sexual exploitation as such terms are defined in Code Sections 15-11-2 , 16-5-100 , 16-5-102.1 , 30-5-3 , and 49-5-40 ;

(3) Abuse, child abuse, coercion, deception, emotional abuse, exploitation, isolation, sexual abuse, or sexual exploitation as such terms are defined in Code Sections 15-11-2 , 16-5-100 , 16-5-102.1 , 30-5-3 , and 49-5-40 ;

(4) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46 ;

(4) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46 ;

(5) Conduct in violation of Code Section 16-5-70 , 16-5-72 , 16-5-102 , 16-12-1 , 16-12-100.1 , 16-12-100.2 , or 30-5-8 ;

(5) Conduct in violation of Code Section 16-5-70 , 16-5-72 , 16-5-102 , 16-12-1 , 16-12-100.1 , 16-12-100.2 , or 30-5-8 ;

(6) Conduct constituting neglect within the meaning of Code Section 16-5-101 or 30-5-3 ;

(6) Conduct constituting neglect within the meaning of Code Section 16-5-101 or 30-5-3 ;

(7) A serious violent felony as such term is defined in Code Section 17-10-6.1 ;

(7) A serious violent felony as such term is defined in Code Section 17-10-6.1 ;

(8) A sexual offense as such term is defined in Code Section 17-10-6.2 ; and

(8) A sexual offense as such term is defined in Code Section 17-10-6.2 ; and

(9) Conduct giving rise to a report, investigation, or hearing in accordance with Code Section 30-5-4 , 30-5-5 , or 31-7-9 . For purposes of this paragraph, a probate court acting under this Code section is a court of competent jurisdiction as provided for in subsection (a) of Code Section 30-5-7 .

(9) Conduct giving rise to a report, investigation, or hearing in accordance with Code Section 30-5-4 , 30-5-5 , or 31-7-9 . For purposes of this paragraph, a probate court acting under this Code section is a court of competent jurisdiction as provided for in subsection (a) of Code Section 30-5-7 .
O.C.G.A. § 29-5-51 — GA Code / Title 29 / Chapter 5 / Section 29-5-51
Georgia Code Title 29. Guardian and Ward § 29-5-51
Status: in_force

Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservator's commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.
O.C.G.A. § 29-9-12 — GA Code / Title 29 / Chapter 9 / Section 29-9-12
Georgia Code Title 29. Guardian and Ward § 29-9-12
Status: in_force

(a) For purposes of this Code section, the terms “ citation ” and “ notice ” shall have the same meaning unless the context otherwise requires.

(a) For purposes of this Code section, the terms “ citation ” and “ notice ” shall have the same meaning unless the context otherwise requires.

(b) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court. The citation shall also state whether the hearing shall take place on a certain date or be specially scheduled for a later date. With respect to all proceedings under this title, the citation, if any, may state that if no objections are filed, the petition may be granted without a hearing.

(b) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court. The citation shall also state whether the hearing shall take place on a certain date or be specially scheduled for a later date. With respect to all proceedings under this title, the citation, if any, may state that if no objections are filed, the petition may be granted without a hearing.
O.C.G.A. § 29-3-51 — GA Code / Title 29 / Chapter 3 / Section 29-3-51
Georgia Code Title 29. Guardian and Ward § 29-3-51
Status: in_force

Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation, expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservator's commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.
O.C.G.A. § 29-3-35 — GA Code / Title 29 / Chapter 3 / Section 29-3-35
Georgia Code Title 29. Guardian and Ward § 29-3-35
Status: in_force

(a) A conservator may sell perishable property of the minor, property of the minor that is liable to deteriorate from keeping, or property of the minor that is expensive to keep as early as practicable and in the manner as the court shall determine is in the best interest of the minor, after notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances.

(a) A conservator may sell perishable property of the minor, property of the minor that is liable to deteriorate from keeping, or property of the minor that is expensive to keep as early as practicable and in the manner as the court shall determine is in the best interest of the minor, after notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances.

(b) A conservator may sell stocks or bonds of the minor that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members.

(b) A conservator may sell stocks or bonds of the minor that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members.

(c) Except as otherwise provided in subsections (a) and (b) of this Code section, a conservator may petition the court to sell, rent, lease, exchange, or otherwise dispose of property of the minor, whether real or personal or mixed. The petition shall set forth the property involved and the interests therein, the specific purpose of the transaction, the proposed price, the anticipated net proceeds of the sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest of the minor.

(c) Except as otherwise provided in subsections (a) and (b) of this Code section, a conservator may petition the court to sell, rent, lease, exchange, or otherwise dispose of property of the minor, whether real or personal or mixed. The petition shall set forth the property involved and the interests therein, the specific purpose of the transaction, the proposed price, the anticipated net proceeds of the sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest of the minor.

(d) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor. The petition and notice shall be served personally on the minor and the guardian ad litem.

(d) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor. The petition and notice shall be served personally on the minor and the guardian ad litem.

(e) If no written objection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order the sale summarily in the manner and under the terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the minor, which may require the sale to be private or at public auction, including confirmation of the sale by the court or otherwise.

(e) If no written objection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order the sale summarily in the manner and under the terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the minor, which may require the sale to be private or at public auction, including confirmation of the sale by the court or otherwise.

(f) A conservator shall make a full return to the court within 30 days of every sale, specifying the property sold, the purchasers, and the amounts received, together with the terms of the sale.

(f) A conservator shall make a full return to the court within 30 days of every sale, specifying the property sold, the purchasers, and the amounts received, together with the terms of the sale.

(g) The recital in the conservator's deed of a compliance with legal provisions shall be prima-facie evidence of the facts recited.

(g) The recital in the conservator's deed of a compliance with legal provisions shall be prima-facie evidence of the facts recited.

(h) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale as a condition of the sale.

(h) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale as a condition of the sale.

(i) A temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the conservatorship is terminated.

(i) A temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the conservatorship is terminated.
O.C.G.A. § 29-2-16 — GA Code / Title 29 / Chapter 2 / Section 29-2-16
Georgia Code Title 29. Guardian and Ward § 29-2-16
Status: in_force

(a) The court shall appoint as permanent guardian that individual who will serve the best interest of the minor, considering the following order of preferences: (1) The adult who is the preference of the minor if the minor is 14 years of age or older; (2) The nearest adult relative of the minor determined according to Code Section 53-2-1 ; (3) Other adult relatives of the minor; (4) Other adults who are related to the minor by marriage; (5) An adult who was designated in writing by either of the minor's natural guardians in a notarized document or document witnessed by two or more persons; or (6) An adult who has provided care or support for the minor or with whom the minor has lived.

(a) The court shall appoint as permanent guardian that individual who will serve the best interest of the minor, considering the following order of preferences:

(1) The adult who is the preference of the minor if the minor is 14 years of age or older;

(1) The adult who is the preference of the minor if the minor is 14 years of age or older;

(2) The nearest adult relative of the minor determined according to Code Section 53-2-1 ;

(2) The nearest adult relative of the minor determined according to Code Section 53-2-1 ;

(3) Other adult relatives of the minor;

(3) Other adult relatives of the minor;

(4) Other adults who are related to the minor by marriage;

(4) Other adults who are related to the minor by marriage;

(5) An adult who was designated in writing by either of the minor's natural guardians in a notarized document or document witnessed by two or more persons; or

(5) An adult who was designated in writing by either of the minor's natural guardians in a notarized document or document witnessed by two or more persons; or

(6) An adult who has provided care or support for the minor or with whom the minor has lived.

(6) An adult who has provided care or support for the minor or with whom the minor has lived.

(b) The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.

(b) The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.
O.C.G.A. § 29-2-11 — GA Code / Title 29 / Chapter 2 / Section 29-2-11
Georgia Code Title 29. Guardian and Ward § 29-2-11
Status: in_force

(a) A designation of a standby guardian shall be in writing and shall be signed by the designating individual or by some other individual in the designating individual's presence and at the designating individual's express direction. The designation shall be attested to and subscribed by two or more competent witnesses. Neither the witness nor an individual signing on behalf of the designating individual may be named the standby guardian.

(a) A designation of a standby guardian shall be in writing and shall be signed by the designating individual or by some other individual in the designating individual's presence and at the designating individual's express direction. The designation shall be attested to and subscribed by two or more competent witnesses. Neither the witness nor an individual signing on behalf of the designating individual may be named the standby guardian.

(b) A standby guardian designation shall set forth the name, address, and county of domicile of the designating individual and of the standby guardian; the name, address, county of domicile, and date of birth of the minor; and the circumstances which define the parent or guardian as a designating individual. With regard to a parent of the minor who is not the designating individual, the designation shall state, to the extent known, that parent's name and address and if that parent is deceased, has his or her parental rights terminated, and whether that parent cannot be located. The designation shall include a statement of consent, signed by the standby guardian, to serve in such capacity.

(b) A standby guardian designation shall set forth the name, address, and county of domicile of the designating individual and of the standby guardian; the name, address, county of domicile, and date of birth of the minor; and the circumstances which define the parent or guardian as a designating individual. With regard to a parent of the minor who is not the designating individual, the designation shall state, to the extent known, that parent's name and address and if that parent is deceased, has his or her parental rights terminated, and whether that parent cannot be located. The designation shall include a statement of consent, signed by the standby guardian, to serve in such capacity.

(c) A standby guardian designation shall be in substantially the following form and contain the following information: DESIGNATION OF STANDBY GUARDIAN (1) IDENTIFICATION OF DESIGNATING INDIVIDUAL: I, __________ (insert name of person designating the standby guardian), whose address is __________ (insert address) and whose county and state of domicile are __________ (insert name of county and state), am: (Check and complete the ones which apply) (A) ___ The parent with physical custody of the minor child or children listed below and my parental rights are not terminated; and the other parent, whose name is __________ (insert name of other parent) and whose address is __________ (insert address of other parent), of the minor child or children listed below: (A-1) ___ Is deceased; (A-2) ___ Has his or her parental rights to the minor or minors terminated; (A-3) ___ Cannot be found after a diligent search has been made; or (A-4) ___ Has consented to the designation of and service by the standby guardian as set forth below; or (B) ___ The guardian of the minor child or children listed below, who is duly appointed and serving pursuant to court order. (2) IDENTIFICATION OF MINOR(S): The minor or minors for whom I am designating a standby guardian are: NAME ADDRESS (include county of domicile) DATE OF BIRTH _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ (3) DESIGNATION AND IDENTIFICATION OF STANDBY GUARDIAN: Pursuant to Part 4 of Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, I hereby designate __________ (insert name of standby guardian), whose address is __________ (insert address) and whose county and state of domicile are __________ (insert name of county and state), to serve as the standby guardian of the minor(s) whom I have identified above. (4) POWERS OF STANDBY GUARDIAN: The standby guardian whom I have designated above shall have all the rights, duties, and responsibilities under Georgia law of a guardian of a minor who has been appointed by a court. (5) DURATION OF STANDBY GUARDIANSHIP: I understand that upon a health care professional determining in writing that, due to my physical or mental health condition, I am not able to care for the minor(s) identified above, this standby guardianship shall become effective and the person whom I have designated above shall become the standby guardian of the person of the minor(s). I understand that I can revoke this standby guardianship by destroying this document, obliterating it, or by revoking it in writing with proper witnesses. I understand that if I wish to revoke the standby guardianship after the health determination has been made I must file a notice of the revocation of the standby guardianship with the probate court and mail a copy of the notice of revocation to the standby guardian. Finally, I understand that this standby guardianship will automatically end 120 days after the health care professional makes the determination that I am unable to care for the minor(s), unless the standby guardian has filed a petition for guardianship of the minor. If the standby guardian files such a petition, the standby guardianship will remain in effect, unless otherwise revoked, until the judge rules on the petition. In considering such a petition for guardianship, I understand that the judge will give preference for the appointment to the individual whom I name as the standby guardian in this document. (6) SIGNATURE: I certify that the statements contained herein are true and correct, this ___ day of __________, __________. __________ (Designating individual signs here) (Print name of designating individual) We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian, and state that the designating individual signed this designation in our presence. ____________________ (Signature of first witness) (Print first witness's address) ____________________ (Signature of second witness) (Print second witness's address) (7) CONSENT OF PARENT (To be completed only if line A-4 in paragraph (1) above has been checked): I, __________ (insert name of parent other than the one designating the standby guardian), whose address is __________ (insert address), am the parent of the above named minor(s). I understand that by this form, an individual is being designated to serve as a standby guardian of my child (or children). I understand that this standby guardian will have all the rights, duties, and responsibilities under Georgia law of a guardian of the person of a minor who has been appointed by a court. I further understand that I may object to this designation. Knowing this, I consent to the designation of __________ (insert name of standby guardian). This ___ day of __________, ___. __________ (Other parent signs here) (Print name of other parent) We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the above-named parent signed this consent in our presence. ____________________ (Signature of first witness) (Print first witness's address) ____________________ (Signature of second witness) (Print second witness's address) (8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN: I, __________ (insert name of designated standby guardian), am the individual designated as the standby guardian in this document. I hereby accept this designation with full knowledge that upon a health care professional making a written determination that the parent of the minor(s) is not able to care for the minor(s) due to his or her physical or mental health or condition, I automatically take on this guardianship. Further, I understand that I must file a notice of my becoming a standby guardian, a copy of this designation, and a copy of the health determination with the probate court as soon as the health determination has been made. I understand that within 120 days of the health determination being made I must petition the probate court to name me as guardian of the minor(s). This ___ day of __________, ___. __________ (Standby guardian signs here) (Print name of standby guardian) We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the standby guardian signed this document in our presence. ____________________ (Signature of first witness) (Print first witness's address) ____________________ (Signature of second witness) (Print second witness's address)

(c) A standby guardian designation shall be in substantially the following form and contain the following information:

(1) IDENTIFICATION OF DESIGNATING INDIVIDUAL: I, __________ (insert name of person designating the standby guardian), whose address is __________ (insert address) and whose county and state of domicile are __________ (insert name of county and state), am: (Check and complete the ones which apply) (A) ___ The parent with physical custody of the minor child or children listed below and my parental rights are not terminated; and the other parent, whose name is __________ (insert name of other parent) and whose address is __________ (insert address of other parent), of the minor child or children listed below: (A-1) ___ Is deceased; (A-2) ___ Has his or her parental rights to the minor or minors terminated; (A-3) ___ Cannot be found after a diligent search has been made; or (A-4) ___ Has consented to the designation of and service by the standby guardian as set forth below; or (B) ___ The guardian of the minor child or children listed below, who is duly appointed and serving pursuant to court order.

(1) IDENTIFICATION OF DESIGNATING INDIVIDUAL: I, __________ (insert name of person designating the standby guardian), whose address is __________ (insert address) and whose county and state of domicile are __________ (insert name of county and state), am:

(Check and complete the ones which apply)

(A) ___ The parent with physical custody of the minor child or children listed below and my parental rights are not terminated; and the other parent, whose name is __________ (insert name of other parent) and whose address is __________ (insert address of other parent), of the minor child or children listed below:

(A) ___ The parent with physical custody of the minor child or children listed below and my parental rights are not terminated; and the other parent, whose name is __________ (insert name of other parent) and whose address is __________ (insert address of other parent), of the minor child or children listed below:

(A-1) ___ Is deceased;

(A-1) ___ Is deceased;

(A-2) ___ Has his or her parental rights to the minor or minors terminated;

(A-2) ___ Has his or her parental rights to the minor or minors terminated;

(A-3) ___ Cannot be found after a diligent search has been made; or

(A-3) ___ Cannot be found after a diligent search has been made; or

(A-4) ___ Has consented to the designation of and service by the standby guardian as set forth below; or

(A-4) ___ Has consented to the designation of and service by the standby guardian as set forth below; or

(B) ___ The guardian of the minor child or children listed below, who is duly appointed and serving pursuant to court order.

(B) ___ The guardian of the minor child or children listed below, who is duly appointed and serving pursuant to court order.

(2) IDENTIFICATION OF MINOR(S): The minor or minors for whom I am designating a standby guardian are: NAME ADDRESS (include county of domicile) DATE OF BIRTH _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________

(2) IDENTIFICATION OF MINOR(S): The minor or minors for whom I am designating a standby guardian are:

NAME

ADDRESS (include county of domicile)

DATE OF BIRTH

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________

(3) DESIGNATION AND IDENTIFICATION OF STANDBY GUARDIAN: Pursuant to Part 4 of Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, I hereby designate __________ (insert name of standby guardian), whose address is __________ (insert address) and whose county and state of domicile are __________ (insert name of county and state), to serve as the standby guardian of the minor(s) whom I have identified above.

(3) DESIGNATION AND IDENTIFICATION OF STANDBY GUARDIAN: Pursuant to Part 4 of Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, I hereby designate __________ (insert name of standby guardian), whose address is __________ (insert address) and whose county and state of domicile are __________ (insert name of county and state), to serve as the standby guardian of the minor(s) whom I have identified above.

(4) POWERS OF STANDBY GUARDIAN: The standby guardian whom I have designated above shall have all the rights, duties, and responsibilities under Georgia law of a guardian of a minor who has been appointed by a court.

(4) POWERS OF STANDBY GUARDIAN: The standby guardian whom I have designated above shall have all the rights, duties, and responsibilities under Georgia law of a guardian of a minor who has been appointed by a court.

(5) DURATION OF STANDBY GUARDIANSHIP: I understand that upon a health care professional determining in writing that, due to my physical or mental health condition, I am not able to care for the minor(s) identified above, this standby guardianship shall become effective and the person whom I have designated above shall become the standby guardian of the person of the minor(s).

(5) DURATION OF STANDBY GUARDIANSHIP: I understand that upon a health care professional determining in writing that, due to my physical or mental health condition, I am not able to care for the minor(s) identified above, this standby guardianship shall become effective and the person whom I have designated above shall become the standby guardian of the person of the minor(s).

I understand that I can revoke this standby guardianship by destroying this document, obliterating it, or by revoking it in writing with proper witnesses. I understand that if I wish to revoke the standby guardianship after the health determination has been made I must file a notice of the revocation of the standby guardianship with the probate court and mail a copy of the notice of revocation to the standby guardian.

Finally, I understand that this standby guardianship will automatically end 120 days after the health care professional makes the determination that I am unable to care for the minor(s), unless the standby guardian has filed a petition for guardianship of the minor. If the standby guardian files such a petition, the standby guardianship will remain in effect, unless otherwise revoked, until the judge rules on the petition. In considering such a petition for guardianship, I understand that the judge will give preference for the appointment to the individual whom I name as the standby guardian in this document.

(6) SIGNATURE: I certify that the statements contained herein are true and correct, this ___ day of __________, __________. __________ (Designating individual signs here) (Print name of designating individual)

(6) SIGNATURE: I certify that the statements contained herein are true and correct, this ___ day of __________, __________.

__________ (Designating individual signs here) (Print name of designating individual)

__________

(Designating individual signs here)

(Print name of designating individual)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian, and state that the designating individual signed this designation in our presence.

____________________

(Signature of first witness) (Print first witness's address)

____________________

(Signature of second witness) (Print second witness's address)

(7) CONSENT OF PARENT (To be completed only if line A-4 in paragraph (1) above has been checked):

(7) CONSENT OF PARENT (To be completed only if line A-4 in paragraph (1) above has been checked):

I, __________ (insert name of parent other than the one designating the standby guardian), whose address is __________ (insert address), am the parent of the above named minor(s). I understand that by this form, an individual is being designated to serve as a standby guardian of my child (or children). I understand that this standby guardian will have all the rights, duties, and responsibilities under Georgia law of a guardian of the person of a minor who has been appointed by a court.

I further understand that I may object to this designation. Knowing this, I consent to the designation of __________ (insert name of standby guardian).

This ___ day of __________, ___.

__________ (Other parent signs here) (Print name of other parent)

__________

(Other parent signs here)

(Print name of other parent)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the above-named parent signed this consent in our presence.

____________________

(Signature of first witness) (Print first witness's address)

____________________

(Signature of second witness) (Print second witness's address)

(8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN:

(8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN:

I, __________ (insert name of designated standby guardian), am the individual designated as the standby guardian in this document. I hereby accept this designation with full knowledge that upon a health care professional making a written determination that the parent of the minor(s) is not able to care for the minor(s) due to his or her physical or mental health or condition, I automatically take on this guardianship.

Further, I understand that I must file a notice of my becoming a standby guardian, a copy of this designation, and a copy of the health determination with the probate court as soon as the health determination has been made. I understand that within 120 days of the health determination being made I must petition the probate court to name me as guardian of the minor(s).

This ___ day of __________, ___.

__________ (Standby guardian signs here) (Print name of standby guardian)

__________

(Standby guardian signs here)

(Print name of standby guardian)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the standby guardian signed this document in our presence.

____________________

(Signature of first witness) (Print first witness's address)

____________________

(Signature of second witness) (Print second witness's address)
O.C.G.A. § 29-2-18 — GA Code / Title 29 / Chapter 2 / Section 29-2-18
Georgia Code Title 29. Guardian and Ward § 29-2-18
Status: in_force

Upon the filing of a petition for the appointment of a permanent guardian of a minor and the giving of notice, the court shall hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor.
O.C.G.A. § 29-11-11 — GA Code / Title 29 / Chapter 11 / Section 29-11-11
Georgia Code Title 29. Guardian and Ward § 29-11-11
Status: in_force

This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult.
O.C.G.A. § 29-11-41 — GA Code / Title 29 / Chapter 11 / Section 29-11-41
Georgia Code Title 29. Guardian and Ward § 29-11-41
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .
O.C.G.A. § 29-11-31 — GA Code / Title 29 / Chapter 11 / Section 29-11-31
Georgia Code Title 29. Guardian and Ward § 29-11-31
Status: in_force

(a) If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.

(a) If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.

(b) Upon registration of a conservatorship order from another state in the manner provided in subsection (a) of this Code section, the probate court of this state in which such conservatorship order is registered shall: (1) Record the certified copies of the order and letters of office in the book required to be kept by subparagraph (a)(8)(B) of Code Section 15-9-37 ; (2) Record the certified copy of any bond in the books required to be kept by subparagraph (a)(8)(C) of Code Section 15-9-37 and by subsection (c) of Code Section 29-5-40 ; and (3) Treat the registered and recorded order as a filed foreign judgment as provided in Code Section 9-12-132 .

(b) Upon registration of a conservatorship order from another state in the manner provided in subsection (a) of this Code section, the probate court of this state in which such conservatorship order is registered shall:

(1) Record the certified copies of the order and letters of office in the book required to be kept by subparagraph (a)(8)(B) of Code Section 15-9-37 ;

(1) Record the certified copies of the order and letters of office in the book required to be kept by subparagraph (a)(8)(B) of Code Section 15-9-37 ;

(2) Record the certified copy of any bond in the books required to be kept by subparagraph (a)(8)(C) of Code Section 15-9-37 and by subsection (c) of Code Section 29-5-40 ; and

(2) Record the certified copy of any bond in the books required to be kept by subparagraph (a)(8)(C) of Code Section 15-9-37 and by subsection (c) of Code Section 29-5-40 ; and

(3) Treat the registered and recorded order as a filed foreign judgment as provided in Code Section 9-12-132 .

(3) Treat the registered and recorded order as a filed foreign judgment as provided in Code Section 9-12-132 .

(c)(1) The provisions of this Code section shall apply only if the other state has adopted the “Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act” in substantially the same form as this chapter. (2) The provisions of paragraph (3) of subsection (b) of this Code section shall apply only if the other state has adopted the “Uniform Enforcement of Foreign Judgments Law” in substantially the same form as Article 6 of Chapter 12 of Title 9.

(c)(1) The provisions of this Code section shall apply only if the other state has adopted the “Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act” in substantially the same form as this chapter.

(c)(1) The provisions of this Code section shall apply only if the other state has adopted the “Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act” in substantially the same form as this chapter.

(2) The provisions of paragraph (3) of subsection (b) of this Code section shall apply only if the other state has adopted the “Uniform Enforcement of Foreign Judgments Law” in substantially the same form as Article 6 of Chapter 12 of Title 9.

(2) The provisions of paragraph (3) of subsection (b) of this Code section shall apply only if the other state has adopted the “Uniform Enforcement of Foreign Judgments Law” in substantially the same form as Article 6 of Chapter 12 of Title 9.
O.C.G.A. § 29-3-3 — GA Code / Title 29 / Chapter 3 / Section 29-3-3
Georgia Code Title 29. Guardian and Ward § 29-3-3
Status: in_force

(a) For purposes of this Code section, the term: (1) “ Gross settlement ” means the present value of all amounts paid or to be paid in settlement of a minor's claim, including cash, expenses of litigation, attorney's fees, and any amounts allocated to a structured settlement or other similar financial arrangement. Such term shall include the total amount paid or to be paid on behalf of all settling parties. (2) “ Net settlement ” means the gross settlement reduced by: (A) Attorney's fees, expenses of litigation, and legally enforceable liens against the settlement that are to be paid from the settlement proceeds; (B) The present value of amounts to be received by the minor after reaching the age of majority; and (C) The present value of amounts to be placed into a trust that the probate court or court in which the action is pending approves or creates for the benefit of the minor.

(a) For purposes of this Code section, the term:

(1) “ Gross settlement ” means the present value of all amounts paid or to be paid in settlement of a minor's claim, including cash, expenses of litigation, attorney's fees, and any amounts allocated to a structured settlement or other similar financial arrangement. Such term shall include the total amount paid or to be paid on behalf of all settling parties.

(1) “ Gross settlement ” means the present value of all amounts paid or to be paid in settlement of a minor's claim, including cash, expenses of litigation, attorney's fees, and any amounts allocated to a structured settlement or other similar financial arrangement. Such term shall include the total amount paid or to be paid on behalf of all settling parties.

(2) “ Net settlement ” means the gross settlement reduced by: (A) Attorney's fees, expenses of litigation, and legally enforceable liens against the settlement that are to be paid from the settlement proceeds; (B) The present value of amounts to be received by the minor after reaching the age of majority; and (C) The present value of amounts to be placed into a trust that the probate court or court in which the action is pending approves or creates for the benefit of the minor.

(2) “ Net settlement ” means the gross settlement reduced by:

(A) Attorney's fees, expenses of litigation, and legally enforceable liens against the settlement that are to be paid from the settlement proceeds;

(A) Attorney's fees, expenses of litigation, and legally enforceable liens against the settlement that are to be paid from the settlement proceeds;

(B) The present value of amounts to be received by the minor after reaching the age of majority; and

(B) The present value of amounts to be received by the minor after reaching the age of majority; and

(C) The present value of amounts to be placed into a trust that the probate court or court in which the action is pending approves or creates for the benefit of the minor.

(C) The present value of amounts to be placed into a trust that the probate court or court in which the action is pending approves or creates for the benefit of the minor.

(b) If the minor has a conservator, the only person who can compromise a minor's claim is the conservator.

(b) If the minor has a conservator, the only person who can compromise a minor's claim is the conservator.

(c)(1) If the proposed gross settlement of a minor's claim is $25,000.00 or less, the natural guardian of the minor, without becoming the conservator of the minor and without any court approval: (A) May compromise the claim; or (B) May receive payment of and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 . (2) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is $25,000.00 or less: (A) The settlement shall be submitted for approval to: (i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section; (B) No conservator shall be required to compromise the claim; and (C) No conservator shall be required to receive payment of the settlement; provided, however, that the natural guardian receiving payment of the settlement shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 . (3) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is more than $25,000.00: (A) A conservator shall be required to compromise the claim; (B) A conservator shall be required to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 ; and (C) Such conservator shall submit the settlement for approval to: (i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section.

(c)(1) If the proposed gross settlement of a minor's claim is $25,000.00 or less, the natural guardian of the minor, without becoming the conservator of the minor and without any court approval: (A) May compromise the claim; or (B) May receive payment of and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 .

(c)(1) If the proposed gross settlement of a minor's claim is $25,000.00 or less, the natural guardian of the minor, without becoming the conservator of the minor and without any court approval:

(A) May compromise the claim; or

(A) May compromise the claim; or

(B) May receive payment of and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 .

(B) May receive payment of and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 .

(2) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is $25,000.00 or less: (A) The settlement shall be submitted for approval to: (i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section; (B) No conservator shall be required to compromise the claim; and (C) No conservator shall be required to receive payment of the settlement; provided, however, that the natural guardian receiving payment of the settlement shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 .

(2) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is $25,000.00 or less:

(A) The settlement shall be submitted for approval to: (i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section;

(A) The settlement shall be submitted for approval to:

(i) The probate court if no legal action has been initiated, or

(i) The probate court if no legal action has been initiated, or

(ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section;

(ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section;

(B) No conservator shall be required to compromise the claim; and

(B) No conservator shall be required to compromise the claim; and

(C) No conservator shall be required to receive payment of the settlement; provided, however, that the natural guardian receiving payment of the settlement shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 .

(C) No conservator shall be required to receive payment of the settlement; provided, however, that the natural guardian receiving payment of the settlement shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 .

(3) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is more than $25,000.00: (A) A conservator shall be required to compromise the claim; (B) A conservator shall be required to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 ; and (C) Such conservator shall submit the settlement for approval to: (i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section.

(3) If the proposed gross settlement of a minor's claim is more than $25,000.00, and the net settlement is more than $25,000.00:

(A) A conservator shall be required to compromise the claim;

(A) A conservator shall be required to compromise the claim;

(B) A conservator shall be required to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 ; and

(B) A conservator shall be required to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1 ; and

(C) Such conservator shall submit the settlement for approval to: (i) The probate court if no legal action has been initiated, or (ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section.

(C) Such conservator shall submit the settlement for approval to:

(i) The probate court if no legal action has been initiated, or

(i) The probate court if no legal action has been initiated, or

(ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section.

(ii) The court in which the legal action is pending if legal action has been initiated, and such court shall have exclusive jurisdiction to approve the settlement, except as provided in subsection (g) of this Code section.

(d)(1) If an order of approval is obtained from the probate court or a court in which legal action is pending, based upon the best interest of the minor, the natural guardian, next friend, or conservator shall be authorized, subject to Code Section 29-3-22 , to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. (2) Without limiting the foregoing, the compromise may: (A) Involve a structured settlement or creation of a trust on terms that the probate court or court in which the action is pending approves or creates, including, but not limited to, funding; and (B) Be in exchange for: (i) The resolution of the action; or (ii) An arrangement that defers: (I) Receipt of part, not to exceed a total distribution of $25,000.00 prior to a minor reaching the age of majority; or (II) All of the consideration for the compromise until after the minor reaches the age of majority.

(d)(1) If an order of approval is obtained from the probate court or a court in which legal action is pending, based upon the best interest of the minor, the natural guardian, next friend, or conservator shall be authorized, subject to Code Section 29-3-22 , to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum.

(d)(1) If an order of approval is obtained from the probate court or a court in which legal action is pending, based upon the best interest of the minor, the natural guardian, next friend, or conservator shall be authorized, subject to Code Section 29-3-22 , to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum.

(2) Without limiting the foregoing, the compromise may: (A) Involve a structured settlement or creation of a trust on terms that the probate court or court in which the action is pending approves or creates, including, but not limited to, funding; and (B) Be in exchange for: (i) The resolution of the action; or (ii) An arrangement that defers: (I) Receipt of part, not to exceed a total distribution of $25,000.00 prior to a minor reaching the age of majority; or (II) All of the consideration for the compromise until after the minor reaches the age of majority.

(2) Without limiting the foregoing, the compromise may:

(A) Involve a structured settlement or creation of a trust on terms that the probate court or court in which the action is pending approves or creates, including, but not limited to, funding; and

(A) Involve a structured settlement or creation of a trust on terms that the probate court or court in which the action is pending approves or creates, including, but not limited to, funding; and

(B) Be in exchange for: (i) The resolution of the action; or (ii) An arrangement that defers: (I) Receipt of part, not to exceed a total distribution of $25,000.00 prior to a minor reaching the age of majority; or (II) All of the consideration for the compromise until after the minor reaches the age of majority.

(B) Be in exchange for:

(i) The resolution of the action; or

(i) The resolution of the action; or

(ii) An arrangement that defers: (I) Receipt of part, not to exceed a total distribution of $25,000.00 prior to a minor reaching the age of majority; or (II) All of the consideration for the compromise until after the minor reaches the age of majority.

(ii) An arrangement that defers:

(I) Receipt of part, not to exceed a total distribution of $25,000.00 prior to a minor reaching the age of majority; or

(I) Receipt of part, not to exceed a total distribution of $25,000.00 prior to a minor reaching the age of majority; or

(II) All of the consideration for the compromise until after the minor reaches the age of majority.

(II) All of the consideration for the compromise until after the minor reaches the age of majority.

(e) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor.

(e) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor.

(f) It shall be within the discretion of the court in which the action is pending to hold a hearing on compliance with the requirements of this Code section; provided, however, that a hearing shall not be required if compliance with such requirements is evident from the record.

(f) It shall be within the discretion of the court in which the action is pending to hold a hearing on compliance with the requirements of this Code section; provided, however, that a hearing shall not be required if compliance with such requirements is evident from the record.

(g)(1) Notwithstanding any provision of this Code section to the contrary, where a settlement has been submitted to a court for approval, an action shall not be voluntarily dismissed pursuant to subsection (a) of Code Section 9-11-41 , or otherwise dismissed upon motion, except upon order of the court in which the action is pending and upon the terms and conditions as that court deems proper. (2) If specifically indicated in the dismissal order, or if a settlement is reached while the case is pending in the Court of Appeals or the Supreme Court, the trial court shall retain exclusive jurisdiction to approve any settlement. (3) If legal action has been initiated but is no longer pending, and the trial court has not specifically retained jurisdiction pursuant to paragraph (2) of this subsection, then any settlement approved by the court in which the legal action is pending as required by subsection (c) of this Code section, shall instead be submitted for approval to the probate court.

(g)(1) Notwithstanding any provision of this Code section to the contrary, where a settlement has been submitted to a court for approval, an action shall not be voluntarily dismissed pursuant to subsection (a) of Code Section 9-11-41 , or otherwise dismissed upon motion, except upon order of the court in which the action is pending and upon the terms and conditions as that court deems proper.

(g)(1) Notwithstanding any provision of this Code section to the contrary, where a settlement has been submitted to a court for approval, an action shall not be voluntarily dismissed pursuant to subsection (a) of Code Section 9-11-41 , or otherwise dismissed upon motion, except upon order of the court in which the action is pending and upon the terms and conditions as that court deems proper.

(2) If specifically indicated in the dismissal order, or if a settlement is reached while the case is pending in the Court of Appeals or the Supreme Court, the trial court shall retain exclusive jurisdiction to approve any settlement.

(2) If specifically indicated in the dismissal order, or if a settlement is reached while the case is pending in the Court of Appeals or the Supreme Court, the trial court shall retain exclusive jurisdiction to approve any settlement.

(3) If legal action has been initiated but is no longer pending, and the trial court has not specifically retained jurisdiction pursuant to paragraph (2) of this subsection, then any settlement approved by the court in which the legal action is pending as required by subsection (c) of this Code section, shall instead be submitted for approval to the probate court.

(3) If legal action has been initiated but is no longer pending, and the trial court has not specifically retained jurisdiction pursuant to paragraph (2) of this subsection, then any settlement approved by the court in which the legal action is pending as required by subsection (c) of this Code section, shall instead be submitted for approval to the probate court.
O.C.G.A. § 29-5-20 — GA Code / Title 29 / Chapter 5 / Section 29-5-20
Georgia Code Title 29. Guardian and Ward § 29-5-20
Status: in_force

(a) In every conservatorship the ward has the right to: (1) A qualified conservator who acts in the best interest of the ward; (2) A conservator who is reasonably accessible to the ward; (3) Have the ward's property utilized as necessary to provide adequately for the ward's support, care, education, health, and welfare; (4) Communicate freely and privately with persons other than the conservator, except as otherwise ordered by a court of competent jurisdiction; (5) Individually, or through the ward's representative or legal counsel, bring an action relating to the conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72 ; (6) The least restrictive form of conservatorship, taking into consideration the ward's functional limitations, personal needs, and preferences; and (7) Be restored to capacity at the earliest possible time.

(a) In every conservatorship the ward has the right to:

(1) A qualified conservator who acts in the best interest of the ward;

(1) A qualified conservator who acts in the best interest of the ward;

(2) A conservator who is reasonably accessible to the ward;

(2) A conservator who is reasonably accessible to the ward;

(3) Have the ward's property utilized as necessary to provide adequately for the ward's support, care, education, health, and welfare;

(3) Have the ward's property utilized as necessary to provide adequately for the ward's support, care, education, health, and welfare;

(4) Communicate freely and privately with persons other than the conservator, except as otherwise ordered by a court of competent jurisdiction;

(4) Communicate freely and privately with persons other than the conservator, except as otherwise ordered by a court of competent jurisdiction;

(5) Individually, or through the ward's representative or legal counsel, bring an action relating to the conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72 ;

(5) Individually, or through the ward's representative or legal counsel, bring an action relating to the conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72 ;

(6) The least restrictive form of conservatorship, taking into consideration the ward's functional limitations, personal needs, and preferences; and

(6) The least restrictive form of conservatorship, taking into consideration the ward's functional limitations, personal needs, and preferences; and

(7) Be restored to capacity at the earliest possible time.

(7) Be restored to capacity at the earliest possible time.

(b) The appointment of a conservator is not a determination regarding the right of the ward to vote.

(b) The appointment of a conservator is not a determination regarding the right of the ward to vote.

(c) The appointment of a conservator is not a determination that the ward lacks testamentary capacity.

(c) The appointment of a conservator is not a determination that the ward lacks testamentary capacity.
O.C.G.A. § 29-5-62 — GA Code / Title 29 / Chapter 5 / Section 29-5-62
Georgia Code Title 29. Guardian and Ward § 29-5-62
Status: in_force

Any interested person may file an objection to the conservator's interim settlement of accounts. Upon receipt of objections or upon the court's own motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.
O.C.G.A. § 29-2-70 — GA Code / Title 29 / Chapter 2 / Section 29-2-70
Georgia Code Title 29. Guardian and Ward § 29-2-70
Status: in_force

The petition to transfer a guardianship to a foreign jurisdiction shall include the following:

(1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship if previously filed in the foreign court;

(1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship if previously filed in the foreign court;

(2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;

(2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;

(3) The petitioner's name, address, and county of domicile;

(3) The petitioner's name, address, and county of domicile;

(4) The name, age, and current address of the minor and the new or proposed address of the minor;

(4) The name, age, and current address of the minor and the new or proposed address of the minor;

(5) The names and current addresses of the adult siblings of the minor, if any;

(5) The names and current addresses of the adult siblings of the minor, if any;

(6) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other individual currently serving as guardian;

(6) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other individual currently serving as guardian;

(7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;

(7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;

(8) The name and address of the minor's conservator, if any;

(8) The name and address of the minor's conservator, if any;

(9) The reason for moving the minor; and

(9) The reason for moving the minor; and

(10) The reason the transfer of the guardianship is in the minor's best interest.

(10) The reason the transfer of the guardianship is in the minor's best interest.
O.C.G.A. § 29-3-80 — GA Code / Title 29 / Chapter 3 / Section 29-3-80
Georgia Code Title 29. Guardian and Ward § 29-3-80
Status: in_force

(a) A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator acting on behalf of the conservator may resign upon petition to the court showing to the satisfaction of the court that: (1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause; (2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator; (3) Disagreement exists between the minor and the conservator or between the guardian and the conservator in respect to the conservator's management of the minor's property, which disagreement and conflict appear to be detrimental to the minor; (4) The resignation of the conservator will result in or permit substantial financial benefit to the minor; or (5) The resignation would not be disadvantageous to the minor.

(a) A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator acting on behalf of the conservator may resign upon petition to the court showing to the satisfaction of the court that:

(1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause;

(1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause;

(2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator;

(2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator;

(3) Disagreement exists between the minor and the conservator or between the guardian and the conservator in respect to the conservator's management of the minor's property, which disagreement and conflict appear to be detrimental to the minor;

(3) Disagreement exists between the minor and the conservator or between the guardian and the conservator in respect to the conservator's management of the minor's property, which disagreement and conflict appear to be detrimental to the minor;

(4) The resignation of the conservator will result in or permit substantial financial benefit to the minor; or

(4) The resignation of the conservator will result in or permit substantial financial benefit to the minor; or

(5) The resignation would not be disadvantageous to the minor.

(5) The resignation would not be disadvantageous to the minor.

(b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.

(b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.

(c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the guardian of the minor, if any, the surety on the conservator's bond, and to the following relatives of the minor who are persons other than the resigning conservator or the proposed successor conservator: (1) Any parent of the minor whose parental rights have not been terminated; (2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 .

(c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the guardian of the minor, if any, the surety on the conservator's bond, and to the following relatives of the minor who are persons other than the resigning conservator or the proposed successor conservator:

(1) Any parent of the minor whose parental rights have not been terminated;

(1) Any parent of the minor whose parental rights have not been terminated;

(2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;

(2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;

(3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or

(3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or

(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 .

(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 .

(d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-3-91 and shall accept the conservator's resignation, subject to the resigning conservator turning over to the successor conservator all property of the minor held by the conservator.

(d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-3-91 and shall accept the conservator's resignation, subject to the resigning conservator turning over to the successor conservator all property of the minor held by the conservator.
O.C.G.A. § 29-9-13-1 — GA Code / Title 29 / Chapter 9 / Section 29-9-13-1
Georgia Code Title 29. Guardian and Ward § 29-9-13.1
Status: in_force

Whenever it is required that a document that is to be filed in the court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-9-922 and paragraphs (1) through (4) of Code Section 24-9-902 , and such full faith and credit shall be given to the document as is provided in such Code sections.
O.C.G.A. § 29-2-68 — GA Code / Title 29 / Chapter 2 / Section 29-2-68
Georgia Code Title 29. Guardian and Ward § 29-2-68
Status: in_force

(a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that: (1) The guardian is presently in good standing with the foreign court; and (2) The transfer of the guardianship from the foreign jurisdiction is in the best interest of the minor.

(a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:

(1) The guardian is presently in good standing with the foreign court; and

(1) The guardian is presently in good standing with the foreign court; and

(2) The transfer of the guardianship from the foreign jurisdiction is in the best interest of the minor.

(2) The transfer of the guardianship from the foreign jurisdiction is in the best interest of the minor.

(b) Subject to subsection (c) of this Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship.

(b) Subject to subsection (c) of this Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship.

(c) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to: (1) Delay the effective date of the receipt and acceptance for a reasonable period of time; (2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship.

(c) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to:

(1) Delay the effective date of the receipt and acceptance for a reasonable period of time;

(1) Delay the effective date of the receipt and acceptance for a reasonable period of time;

(2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction;

(2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction;

(3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or

(3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or

(4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship.

(4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship.

(d) The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-2-16 .

(d) The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-2-16 .
O.C.G.A. § 29-2-40 — GA Code / Title 29 / Chapter 2 / Section 29-2-40
Georgia Code Title 29. Guardian and Ward § 29-2-40
Status: in_force

(a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that: (1) The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause; (2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian; (3) Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardian's care of the minor, which disagreement and conflict appear to be detrimental to the minor; (4) The resignation of the guardian will result in or permit substantial financial benefit to the minor; or (5) The resignation would not be disadvantageous to the minor.

(a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:

(1) The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause;

(1) The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause;

(2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;

(2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;

(3) Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardian's care of the minor, which disagreement and conflict appear to be detrimental to the minor;

(3) Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardian's care of the minor, which disagreement and conflict appear to be detrimental to the minor;

(4) The resignation of the guardian will result in or permit substantial financial benefit to the minor; or

(4) The resignation of the guardian will result in or permit substantial financial benefit to the minor; or

(5) The resignation would not be disadvantageous to the minor.

(5) The resignation would not be disadvantageous to the minor.

(b) The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.

(b) The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.

(c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the parents of the minor in the event of the resignation of a temporary guardian, to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian: (1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 .

(c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the parents of the minor in the event of the resignation of a temporary guardian, to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian:

(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;

(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;

(2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or

(2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or

(3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 .

(3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 .

(d) If after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-2-51 and accept the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property of the minor held by the guardian.

(d) If after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-2-51 and accept the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property of the minor held by the guardian.
O.C.G.A. § 29-3-105 — GA Code / Title 29 / Chapter 3 / Section 29-3-105
Georgia Code Title 29. Guardian and Ward § 29-3-105
Status: in_force

(a) For purposes of this part and Part 3 of this article, the term “ conservatorship ” refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of a minor, thereby becoming a conservator.

(a) For purposes of this part and Part 3 of this article, the term “ conservatorship ” refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of a minor, thereby becoming a conservator.

(b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the minor resides or may reside.

(b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the minor resides or may reside.

(c) The petition shall include the following: (1) An authenticated copy of the foreign conservatorship order, including: (A) All attachments describing the duties and powers of the conservator; and (B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship; (2) The address of the foreign court which issued the conservatorship order; (3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (4) The petitioner's name, address, and county of domicile; (5) The name, age, and current address of the minor; (6) The names and current addresses of the adult siblings of the minor, if any; (7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving; (8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (9) The name and address of the minor's guardian, if any; (10) The name and address of the surety on the conservator's bond; (11) The reason the transfer is in the minor's best interest; and (12) To the extent known to the petitioner, a statement of the location and estimated value of the minor's property and the source and amount of any anticipated income or receipts.

(c) The petition shall include the following:

(1) An authenticated copy of the foreign conservatorship order, including: (A) All attachments describing the duties and powers of the conservator; and (B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;

(1) An authenticated copy of the foreign conservatorship order, including:

(A) All attachments describing the duties and powers of the conservator; and

(A) All attachments describing the duties and powers of the conservator; and

(B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;

(B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;

(2) The address of the foreign court which issued the conservatorship order;

(2) The address of the foreign court which issued the conservatorship order;

(3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;

(3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;

(4) The petitioner's name, address, and county of domicile;

(4) The petitioner's name, address, and county of domicile;

(5) The name, age, and current address of the minor;

(5) The name, age, and current address of the minor;

(6) The names and current addresses of the adult siblings of the minor, if any;

(6) The names and current addresses of the adult siblings of the minor, if any;

(7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving;

(7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving;

(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;

(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;

(9) The name and address of the minor's guardian, if any;

(9) The name and address of the minor's guardian, if any;

(10) The name and address of the surety on the conservator's bond;

(10) The name and address of the surety on the conservator's bond;

(11) The reason the transfer is in the minor's best interest; and

(11) The reason the transfer is in the minor's best interest; and

(12) To the extent known to the petitioner, a statement of the location and estimated value of the minor's property and the source and amount of any anticipated income or receipts.

(12) To the extent known to the petitioner, a statement of the location and estimated value of the minor's property and the source and amount of any anticipated income or receipts.

(d) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.

(d) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.
O.C.G.A. § 29-7-18 — GA Code / Title 29 / Chapter 7 / Section 29-7-18
Georgia Code Title 29. Guardian and Ward § 29-7-18
Status: in_force

This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the department who are entitled to benefits from the department.
O.C.G.A. § 29-3-46 — GA Code / Title 29 / Chapter 3 / Section 29-3-46
Georgia Code Title 29. Guardian and Ward § 29-3-46
Status: in_force

The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator's representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person's representative capacity.