GA Code § 29-3-7 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 1 - Property|§ 29-3-7. Preference Among Individuals for Appointment of Conservator; Court's Ability to Ignore Preference for Best Interest of Minor

  The court shall appoint as conservator that person who shall best serve the interest of the minor considering the following order of preferences:   The individual who is the preference of a minor who is 14 years of age or older;   The nearest adult relative of the minor as set forth in Code Section 53-2-1;   Other adult relatives of the minor;   Other adults who are related to the minor by marriage;   A person who was designated in writing by a minor's natural guardian in a notarized document or document witnessed by two or more persons;   A person who has provided care or support for the minor or with whom the minor has lived; or   The county guardian.     The court may disregard an individual who has preference and appoint a person 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.     (Code 1981, §29-3-7, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2011, p. 752, § 29/HB 142.)   Cross references.   - Jurisdiction of courts to appoint guardian of child, § 15-11-6.    Appointment of guardian ad litem in probate proceedings, § 53-3-19 (Pre-1998 Probate Code).    Provision that surviving spouse under 18 years may take share of estate without intervention of guardian, § 53-4-2(3) (Pre-1998 Probate Code).   Law reviews.   - For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972). For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Ward's Right to Select    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-4-4 are included in the annotations for this Code section.   Cannot appoint guardian of person where child has 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. § 29-4-4).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 26 et seq., 40 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 24 et seq.   ALR.    - Necessity and sufficiency of notice to alleged incompetent of application for appointment of guardian or committee, 23 A.L.R. 594.    Right of attorney, parent, guardian ad litem, or next friend to remit from verdict or judgment in favor of infant, 30 A.L.R. 1111.   Consideration and weight of religious affiliations in appointment or removal of guardian for minor child, 22 A.L.R.2d 696.   Right of infant to select his own guardian, 85 A.L.R.2d 921.   Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.