GA Code § 29-3-1 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 1 - Property|§ 29-3-1. "Personal Property" Defined; Natural Guardian Must Qualify as Conservator; Exception

  For purposes of this Code section, "personal property" does not include the value of property that is held for the minor's benefit in trust or by a custodian under Article 5 of Chapter 5 of Title 44, "The Georgia Transfers to Minors Act."   The natural guardian of a minor may not receive the personal property of the minor until the natural guardian becomes the legally qualified conservator of the minor; provided, however, that when the total value of all personal property of the minor is $15,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property.   Upon receiving an affidavit:   That the value of all the personal property of a minor will not exceed $15,000.00 in value;   That no conservator has been appointed for the minor's estate; and   That the affiant is the natural guardian of the minor,  any person indebted to or holding personal property of the minor shall be authorized to pay the amount of the indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the minor and shall not be required to see to the application or disposition of the personal property.      This Code section shall not authorize a temporary, testamentary, or permanent guardian to receive personal property of the minor unless the guardian becomes the legally qualified conservator of the minor.     (Code 1981, §29-3-1, enacted by Ga. L. 2004, p. 161, § 1.)   Cross references.   - Parent and child relationship generally, § 19-7-1 et seq.    Circumstances justifying removal of child from parental custody, § 19-7-4.   Law reviews.   - For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972). For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Rights of Natural Guardian   Bond    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 49-102 and former O.C.G.A. § 29-4-2 are included in the annotations for this Code section.   Probate court without authority to appoint guardian where living parent.    - Unless an appointment of a temporary guardian was made under former O.C.G.A. § 29-4-4.1, a probate court was without authority to appoint a guardian of the person for a minor child if the child had living parents, unless the parents relinquished or forfeited their rights in the child. 1983 Op. Att'y Gen. No. U83-37 (decided under former O.C.G.A. § 29-4-2).   Child support transfer not benefitting child improper.   - Transfer by parent of child support judgment without benefitting child is inconsistent with parent's duties as natural guardian of child and child's property. 1972 Op. Att'y Gen. No. 72-147 (decided under former Code 1933, § 49-102).   Parents responsible for locating child absent from school without authorization.   - Whereabouts of minor child would clearly seem to fall within area of parental or guardianship responsibility, and therefore, primary responsibility for locating a child who is absent from an educational center or school on an unauthorized basis would fall upon parents or other guardians or custodians. 1978 Op. Att'y Gen. No. 78-48 (decided under former Code 1933, § 49-102).    Domicile of minor is that of parents, but this can be altered where usual parental authority and control over the minor is ended by voluntary or involuntary relinquishment. 1981 Op. Att'y Gen. No. U81-5 (decided under former O.C.G.A. § 29-4-2).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 5 et seq., 40 et seq., 99 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 1, 12, 16.   ALR.    - Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.    Minority of parent as affecting right to guardianship or custody of person or estate of child, 19 A.L.R. 1043.    Attempt to bastardize child as affecting right to custody of the child, 37 A.L.R. 531.   Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A.L.R.3d 774.