reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-4 - Registration with the probate court; registration lists

(a)
An individual who meets the requirements of Code Section
29-10-3
may be registered as a public guardian in the probate court of the county in which he or she is domiciled upon approval by the probate court. Such individual may also be registered in the probate court of other counties within a reasonable distance of the county in which he or she is domiciled as approved by such other probate courts.
(b)
A private entity that meets the requirements of Code Section
29-10-3
may be registered as a public guardian in the probate court of any county upon approval by such probate court.
(c)
The probate court of a county shall have the sole discretion regarding the approval and registration of public guardians. Each probate court shall maintain a list of public guardians who have been registered and approved in its county. The Division of Aging Services of the Department of Human Services shall maintain a master list of registered public guardians throughout the state; and the probate courts shall submit, on January 1 and July 1 of each year or more often as required by the division, the list of registered public guardians in each county to the Division of Aging Services.
(d)
The Division of Aging Services of the Department of Human Services shall develop a standard form that may be used by probate courts in registering public guardians.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-5 - Bond

A public guardian shall give bond with good security, to be judged by the court, in a sum of not less than $10,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or clerk of the court and shall be conditioned upon the faithful discharge of the public guardian's duty as such, as required by law.
Amended by 2006 Ga. Laws 766,§ 21, eff. 7/1/2006.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-6 - Letters of guardianship

The court shall grant to the public guardian separate letters of guardianship upon each appointment. The public guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians and shall be governed by the law provided for other guardians.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-7 - Record keeping and reporting; required visits to ward; limitations on number of wards; cooperation with county guardians and conservators

(a)
A public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian.
(b)
No report or disclosure of the ward's personal or medical records shall be made except as required or authorized by law.
(c)
A public guardian shall file an annual report with the probate court on the operations of the public guardian for the preceding year, in writing, by August 1.
(d)
Within six months of appointment as a public guardian, such public guardian shall submit to the probate court for placement in the ward's guardianship file a report on the public guardian's efforts to locate a family member or friend or other individual included in subsection (b) of Code Section
29-4-3
to act as the guardian of the ward and a report on the ward's potential to be restored to capacity.
(e)
The public guardian or employee or agent of a public guardian, if a private entity, shall visit the ward at least four times per year and more often as necessary.
(f)
A public guardian who is an individual shall serve no more than five wards at any one time. A public guardian that is an entity shall serve no more than 30 wards at any one time. In the discretion of the probate court, these maximum ratios may be increased or decreased for a particular public guardian, in light of all relevant circumstances.
(g)
Public guardians, county guardians, and conservators shall be required to work cooperatively together when appointed for the same ward.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-8 - Additional security on the bond or additional bond

(a)
The probate court may require a public guardian to give additional security on the bond or to give an additional bond with security. The court shall have the authority to fix the amount of the bond and shall cite the public guardian to appear and show cause, if any, why the additional bond or security should not be given.
(b)
If upon the hearing the public guardian fails to show good cause why the additional bond or additional security should not be given, the court shall issue an order fixing the amount of the bond and direct the public guardian to give additional security on or before a certain date, which date shall be within 30 days of the date of the order.
(c)
Should the public guardian fail, refuse, or neglect to give additional bond or additional security on or before the date fixed in the order of the court and fail to show good cause why further time should be allowed, it shall be the duty of the court to remove the public guardian and to appoint another public guardian for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-9 - Revocation of letters of guardianship

The court may, for good cause shown, revoke the letters of guardianship of the public guardian, require additional security on the public guardian's bond, or issue any other order as is expedient and necessary for the good of any particular guardianship in the hands of the public guardian.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-10 - Compensation

Public guardians shall receive compensation for their services in accordance with the provisions of Chapter 4 of this title. However, for wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title, at the discretion of the probate court judge, a request for payment for the public guardian to the Division of Aging Services of the Department of Human Services, as provided for in Code Section
29-10-11
, shall be made. A public guardian shall be paid the compensation provided for in Chapter 4 of this title pursuant to Code Section
29-10-11
to the extent that the available funds can meet that expense or, at the discretion of the judge, the public guardian's actual expenses may be reimbursed from the funds pursuant to Code Section
29-10-11
.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 10 - PUBLIC GUARDIAN (§§ 29-10-1 — 29-10-11) › Section 29-10-11 - Appropriation of funds for compensation in certain circumstances

(a)
The General Assembly is authorized to appropriate state funds, by line item appropriation, for the purpose of providing compensation to public guardians for services to wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title.
(b)
Any such funds appropriated shall be administered by the Division of Aging Services of the Department of Human Services and paid, if funds are available, upon submission of appropriate documentation by the probate court pursuant to Code Section
29-10-10
.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Added by 2005 Ga. Laws 91, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 1 - GENERALLY (§§ 29-11-1 — 29-11-6) › Section 29-11-1 - Short title

This chapter shall be known and may be cited as the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act."
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 1 - GENERALLY (§§ 29-11-1 — 29-11-6) › Section 29-11-3 - Treatment of foreign countries

A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5 of this chapter.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 1 - GENERALLY (§§ 29-11-1 — 29-11-6) › Section 29-11-4 - Communication with out of state courts

(a)
A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this Code section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b)
Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 1 - GENERALLY (§§ 29-11-1 — 29-11-6) › Section 29-11-5 - Appropriate requests to and from courts of other jurisdictions

(a)
In a guardianship proceeding or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1)
Hold an evidentiary hearing;
(2)
Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3)
Order that an evaluation or assessment be made of the respondent;
(4)
Order any appropriate investigation of a person involved in a proceeding;
(5)
Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection;
(6)
Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated person or protected person; or
(7)
Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in
45 C.F.R. 160.103
, as amended.
(b)
If a court of another state in which a guardianship proceeding or conservatorship proceeding is pending requests a court of this state to do any action included in subsection (a) of this Code section, such court of this state shall have jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 1 - GENERALLY (§§ 29-11-1 — 29-11-6) › Section 29-11-6 - Procedure for testimony of out of state witnesses

(a)
In a guardianship proceeding or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b)
In a guardianship proceeding or conservatorship proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-10 - Determination of connection with state

In determining under Code Section
29-11-12
and subsection (e) of Code Section
29-11-20
whether a respondent has a significant connection with a particular state, the court shall consider:
(1)
The location of the respondent's family and other persons required to be notified of the guardianship proceeding or conservatorship proceeding;
(2)
The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3)
The location of the respondent's property;
(4)
The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services; and
(5)
The extent to which the respondent considers or, in the absence of an impairment of mental faculties, would consider himself or herself to have a significant connection with the state.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-11 - Exclusive jurisdiction for appointment

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.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-12 - Requirements for jurisdiction

A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:
(1)
This state is the respondent's home state;
(2)
On the date the petition is filed, this state is a significant-connection state and:
(A)
The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B)
The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i)
A petition for an appointment or order is not filed in the respondent's home state;
(ii)
An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii)
The court in this state concludes that it is an appropriate forum under the factors set forth in Code Section
29-11-15
;
(3)
This state does not have jurisdiction under either paragraph (1) or (2) of this Code section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or
(4)
The requirements for special jurisdiction under Code Section
29-11-13
are met.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-13 - Special jurisdiction; emergency appointment of guardian

(a)
A court of this state lacking jurisdiction under paragraphs (1) through (3) of Code Section
29-11-12
has special jurisdiction to do any of the following:
(1)
Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(2)
Issue a conservatorship order with respect to real or tangible personal property located in this state; or
(3)
Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Code Section
29-11-20
.
(b)
If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-14 - Special jurisdiction; emergency appointment of guardian

Except as otherwise provided in Code Section
29-11-13
, a court that has appointed a guardian or issued a conservatorship order consistent with this chapter shall have exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-15 - Declining exercise of jurisdiction; factors for determining jurisdiction

(a)
A court of this state having jurisdiction under Code Section
29-11-12
to appoint a guardian or conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b)
If a court of this state declines to exercise its jurisdiction under subsection (a) of this Code section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a conservatorship order be filed promptly in another state.
(c)
In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1)
Any expressed preference of the respondent;
(2)
Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3)
The length of time the respondent was physically present in or was a legal resident of this or another state;
(4)
The distance of the respondent from the court in each state;
(5)
The financial circumstances of the respondent's estate;
(6)
The nature and location of the evidence;
(7)
The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8)
The familiarity of the court of each state with the facts and issues in the proceeding; and
(9)
If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-16 - Unjustifiable conduct leading to jurisdiction

(a)
If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may:
(1)
Decline to exercise jurisdiction;
(2)
Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a conservatorship order is filed in a court of another state having jurisdiction; or
(3)
Continue to exercise jurisdiction after considering:
(A)
The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B)
Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Code Section
29-11-15
; and
(C)
Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Code Section
29-11-12
.
(b)
If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-17 - Notice required; process for service

(a)
If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons that would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
(b)
If compliance with the notice requirements under subsection (a) of this Code section would require personal service on any person outside this state, a court of competent jurisdiction in this state may order that such person be served by registered or certified mail or statutory overnight delivery, in the manner provided in subsection (e) of Code Section
29-9-4
, or by a special process server, if the petitioner so requests in the petition or on the court's own motion.
(c)
If compliance with the notice requirements under subsection (a) of this Code section would require service on any person outside this state that is not sui juris, such person shall be served in a manner provided in subsection (d) of Code Section
29-9-4
.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 2 - JURISDICTION (§§ 29-11-10 — 29-11-18) › Section 29-11-18 - Multiple court jurisdictional rules

Except for a petition for the appointment of a guardian in an emergency or issuance of a conservatorship order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Code Section
29-11-13
, if a petition for the appointment of a guardian or issuance of a conservatorship order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules shall apply:
(1)
If the court in this state has jurisdiction under Code Section
29-11-12
, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Code Section
29-11-12
before the appointment or issuance of the order; and
(2)
If the court in this state does not have jurisdiction under Code Section
29-11-12
, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP (§§ 29-11-20 — 29-11-21) › Section 29-11-20 - Transfer proceedings to another state; notice; hearing; provisional orders; required findings; finalization; denial of petition

(a)
A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b)
Notice of a petition under subsection (a) of this Code section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c)
On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section.
(d)
The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1)
The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2)
An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3)
Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e)
The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1)
The protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in Code Section
29-11-10
;
(2)
An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3)
Adequate arrangements will be made for management of the protected person's property.
(f)
The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1)
A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Code Section
29-11-21
; and
(2)
The documents required to terminate a guardianship or conservatorship in this state.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP (§§ 29-11-20 — 29-11-21) › Section 29-11-21 - Petition for acceptance; notice; hearing; provisional and final orders; modification to conform to law

(a)
To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Code Section
29-11-20
, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(b)
Notice of a petition under subsection (a) of this Code section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a conservatorship order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(c)
On the court's own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section.
(d)
The court shall issue an order provisionally granting a petition filed under subsection (a) of this Code section unless:
(1)
An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated person or protected person; or
(2)
The guardian or conservator is ineligible for appointment in this state.
(e)
The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Code Section
29-11-20
transferring the proceeding to this state.
(f)
Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(g)
In granting a petition under this Code section, the court shall recognize a guardianship order or conservatorship order from the other state, including the determination of the incapacitated person's or protected person's incapacity and the appointment of the guardian or conservator.
(h)
The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Article 2 of Chapter 4 and Article 2 of Chapter 5 of this title if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 4 - REGISTRATION OF GUARDIANSHIP OR CONSERVATORSHIP ORDER FROM ANOTHER STATE (§§ 29-11-30 — 29-11-32) › Section 29-11-30 - Registration of guardianship order; recordation of order

(a)
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
(b)
Upon registration of a guardianship order from another state in the manner provided in subsection (a) of this Code section, the probate court of this state in which such guardianship 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
; and
(2)
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 (2) 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.
Amended by 2019 Ga. Laws 233,§ 32, eff. 1/1/2020.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 4 - REGISTRATION OF GUARDIANSHIP OR CONSERVATORSHIP ORDER FROM ANOTHER STATE (§§ 29-11-30 — 29-11-32) › Section 29-11-31 - Registration of conservatorship order; recordation of order

(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
.
(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.
Amended by 2019 Ga. Laws 233,§ 33, eff. 1/1/2020.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 4 - REGISTRATION OF GUARDIANSHIP OR CONSERVATORSHIP ORDER FROM ANOTHER STATE (§§ 29-11-30 — 29-11-32) › Section 29-11-32 - Exercise of powers authorized; enforcement

(a)
Upon registration and recording of a guardianship order or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b)
A court of this state may grant any relief available under this chapter, Article 4 of Chapter 4 of this title, Part 4 of Article 9 of Chapter 4 of this title, Article 5 of Chapter 5 of this title, Part 4 of Article 13 of Chapter 5 of this title, and other law of this state to enforce a registered and recorded order.
(c)
(1)
The provisions of subsections (a) and (b) of Code Section
9-12-133
shall not apply to this article.
(2)
Unless otherwise required by this chapter, service of notice shall not be required under this article as a condition precedent to the registration and recording of a guardianship order from another state under Code Section
29-11-30
or of a conservatorship order from another state under Code Section
29-11-31
; provided, however, that the judge of a court of this state may direct such service or notice of such registration and recording as the judge may determine to be proper.
Amended by 2019 Ga. Laws 233,§ 34, eff. 1/1/2020.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 5 - APPLICABILTY OF CHAPTER (§§ 29-11-40 — 29-11-42) › Section 29-11-40 - Promotion of uniformity

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 5 - APPLICABILTY OF CHAPTER (§§ 29-11-40 — 29-11-42) › Section 29-11-41 - Construction with federal law

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)
.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 11 - UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT (§§ 29-11-1 — 29-11-42) › Article 5 - APPLICABILTY OF CHAPTER (§§ 29-11-40 — 29-11-42) › Section 29-11-42 - Application

(a)
This chapter shall apply to guardianship proceedings and conservatorship proceedings begun on or after July 1, 2016.
(b)
Articles 1, 3, and 4 of this chapter and Code Sections
29-11-40
and
29-11-41
shall apply to proceedings begun before July 1, 2016, regardless of whether a guardianship order or conservatorship order has been issued.
Added by 2016 Ga. Laws 486,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 1 - GENERAL PROVISIONS (§§ 30-1-1 — 30-1-6) › Section 30-1-1 - "Deaf person" defined

As used in this title, the term "deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications spoken in a normal conversational tone.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 1 - GENERAL PROVISIONS (§§ 30-1-1 — 30-1-6) › Section 30-1-2 - Public employment of physically disabled persons

It is the policy of this state that blind, visually disabled, deaf, and otherwise physically disabled persons shall be employed in the service of the state or political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as able-bodied persons, unless it is shown that the particular disability prevents the performance of the work involved.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 1 - GENERAL PROVISIONS (§§ 30-1-1 — 30-1-6) › Section 30-1-3 - Identification carried by persons suffering blackouts; duties of law enforcement officers finding persons in semiconscious or unconscious condition

(a)
Any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary blackouts, semiconscious periods, or complete unconsciousness is authorized to wear an identification bracelet or metal tag or carry an identification card with the person's name, type of illness, physician's name, and medication required engraved, stamped, or imprinted thereon.
(b)
Before any person who is found in a semiconscious or unconscious condition may be charged with a crime, it shall be the duty of all law enforcement officers in this state to make a diligent effort to determine if such person is an epileptic or diabetic or a person who is suffering from any other type of illness which would cause semiconsciousness or unconsciousness. If any law enforcement officer shall determine that such a person is actually suffering from an affliction which would cause semiconsciousness or unconsciousness, it shall be his duty to notify such person's physician immediately or to have such person immediately transported to a physician or to some facility where the services of a physician are available.
(c)
Any person who willfully and knowingly falsifies such identification or deliberately misrepresents such an illness shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 1 - GENERAL PROVISIONS (§§ 30-1-1 — 30-1-6) › Section 30-1-4 - [Repealed] Council on the Deaf

Repealed and reserved by 2001 Ga. Laws 280, § 9, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 1 - GENERAL PROVISIONS (§§ 30-1-1 — 30-1-6) › Section 30-1-6 - American Sign Language

The General Assembly finds that:
(1)
American Sign Language is a fully developed, autonomous, natural language with distinct grammar, syntax, and symbols, and is one of hundreds of signed languages of the world; and
(2)
American Sign Language is the fourth most commonly used language in the United States and Canada.
Amended by 2007 Ga. Laws 203,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-2 - Purpose

The purpose of the industries is to furnish to those citizens of Georgia who are blind or who have not more than 10 percent vision a means of supporting themselves; to furnish an opportunity for those who are mentally gifted to earn a living by working in short shifts as well as to develop their talents for literature, poetry, music, or otherwise; and to furnish a home to workers who desire it.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-3 - Supervision of industries by Georgia Vocational Rehabilitation Agency; acquisition of property

(a)
The industries shall be state institutions under the direction and supervision of the Georgia Vocational Rehabilitation Agency.
(b)
The Georgia Vocational Rehabilitation Agency is authorized to provide the property necessary for the industries. The Georgia Vocational Rehabilitation Agency may acquire real property through the State Properties Commission pursuant to Code Section
50-16-38
or the agency may enter into rental agreements in order to acquire the needed space.
Amended by 2012 Ga. Laws 608,§ 4, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-4 - Superintendents for industries; operation of industries generally; purchase of goods manufactured at industries by state institutions

(a)
There shall be superintendents for the industries. Preference shall be given to blind persons with the skill and experience to perform such jobs. The department shall provide for the equipment, maintenance, and management of the industries; shall provide for the selection and eligibility of applicants for admission to an industry; shall provide for the sale of supplies manufactured at the industries to the departments of the state, its subdivisions, and institutions, and to the federal government and other states and to individual and corporate dealers in such supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of profits, subject to this chapter; and shall provide all other rules for the proper management of the industries not in conflict with this chapter. The department shall procure necessary machinery, equipment, and furnishings for the industries; shall make contracts for power, lighting, and heating; and shall arrange for all other things necessary and proper for the conduct of the industries.
(b)
All departments, subdivisions, and institutions of the State of Georgia are directed to give preference in purchases to goods manufactured at the industries, provided said goods are of equal quality and competitive in price.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-5 - Articles to be manufactured by industries

The plan of operation of the industries shall be to manufacture supplies such as brooms, brushes, mops, mattresses, desks, and office, school, and other furniture which are in the capacity of the blind to make and which are extensively used by the various departments of the state, its political subdivisions, and its educational, penal, and other institutions; provided, however, that this enumeration is partial and not exclusive of articles that may be manufactured in the industries.
2023 CODE OF GEORGIA › Title 30 - HANDICAPPED PERSONS (§§ 30-1-1 — 30-10-9) › Chapter 2 - GEORGIA INDUSTRIES FOR THE BLIND (§§ 30-2-1 — 30-2-9) › Section 30-2-6 - Authority of industry superintendents to permit work to be done in homes of workers

Where, in the opinion of the industry superintendents, any part of the work necessary to the production of any commodity can be practically and satisfactorily done in the home of the worker, as in the hemming of towels or other needlework, the superintendents shall have authority to permit and to arrange for such work to be so done.