GA Code § 29-2-18 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 2 - Guardians of Minors|Article 1 - Minors|Part 5 - Permanent Guardianship|§ 29-2-18. Hearing; Best Interest of the Child Standard

 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.    (Code 1981, §29-2-18, enacted by Ga. L. 2004, p. 161, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-5-6 are included in the annotations for this Code section.   Appointment of guardian for property of mentally incompetent nonresident.    - A probate court in Georgia may appoint a guardian of the property of a nonresident who is alleged to be mentally incompetent only if: (1) the nonresident has purposely established sufficient minimum contacts with Georgia; (2) there is compliance with O.C.G.A. § 9-10-91, Georgia's Long Arm Statute; and (3) the criteria and procedures of former O.C.G.A. Title 29, Chapter 5 are strictly followed. 1986 Op. Att'y Gen. No. U86-8 (decided under former O.C.G.A. § 29-5-6).   Cannot appoint guardian for rational but physically incapacitated.   - Probate court cannot name guardian for one who is perfectly rational but only suffers some physical incapacity. 1977 Op. Att'y Gen. No. U77-65 (decided under former law).   Guardianship termination order filing requirement.    - The requirement of former O.C.G.A. § 29-5-6 that a certified copy of a guardianship termination order over an incapacitated person or over the property of an incapacitated person be filed in each county in which lies real property of the guardianship applies to a termination order issued upon the death of the incapacitated ward. 1989 Op. Att'y Gen. U89-12 (decided under former O.C.G.A. § 29-5-6).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 64, 65, 66.   7 Am. Jur. Pleading and Practice Forms, Compromise and Settlement, § 39 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 9, 17 et seq., 265 et seq. 56 C.J.S., Mental Health, § 22 et seq. 57 C.J.S.*, Mental Health, § 124 et seq.   ALR.    - Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.    Necessity and sufficiency of notice to alleged incompetent of application for appointment of guardian or committee, 23 A.L.R. 594.    May proceedings to have a person declared insane and to appoint conservator of committee of his person or estate rest upon substituted or constructive service of process, 77 A.L.R. 1227; 175 A.L.R. 1324.    Construction and application of statute prescribing that notice of petition or hearing for appointment of guardian be of such nature or be given to such persons as court deems reasonable or proper, 109 A.L.R. 338.    Right of appeal in proceeding for restoration to competency, 122 A.L.R. 541.    Necessity and sufficiency of notice to infant or other incompetent of application for appointment of successor to guardian on committee, 138 A.L.R. 1364.    Waiver by alleged incompetent of notice of inquisition proceeding or proceeding for appointment of guardian, 152 A.L.R. 1247.   Validity of guardianship proceeding based on brainwashing of subject by religious, political, or social organization, 44 A.L.R.4th 1207.   Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.