reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-4 - Prima-facie evidence of necessity for appointment of VA guardian

Where a petition is filed for the appointment of a VA guardian for a mentally incompetent ward, a certificate of the secretary or the secretary's duly authorized representative stating that such individual has been rated incompetent by the department on examination in accordance with the laws and regulations governing the department and that the appointment of a VA guardian is a condition precedent to the payment of any moneys due such ward by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian. The courts are authorized to appoint a VA guardian for an incompetent ward entitled to any benefits which may be payable to a ward by the department.
Former § 29-7-4 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-5 - Appointment of VA guardians for minors

Where a petition is filed for the appointment of a VA guardian for a minor, a certificate of the secretary or the secretary's authorized representative setting forth the age of the minor as shown by the records of the department and the fact that the appointment of a VA guardian is a condition precedent to the payment of any moneys due the minor by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian.
Former § 29-7-5 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-6 - Notice

Upon a petition for the appointment of a VA guardian, notice shall be given to the department office having jurisdiction over the area in which the ward resides, to the proposed ward, and to two adult relatives of the proposed ward by certified mail or statutory overnight delivery by the court. If two adult relatives of the proposed ward cannot be located, notice to one adult relative shall be sufficient. If no adult relative can be located, the court shall give notice of the petition in the newspaper in which legal advertisements of the county in which the ward resides are published once a week for two weeks. After notice has been given or published, the letters of guardianship may, in the discretion of the court, be granted to the petitioner or to some other suitable person. If all parties entitled to notice waive further notice and consent to the notice instanter, the court may, in its discretion, grant letters of guardianship instanter to the petitioner.
Former § 29-7-6 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-7 - Petitioning for appointment of VA guardian; requirements of petitions; preferences for appointment

(a)
A petition for the appointment of a VA guardian may be filed in the court having jurisdiction by or on behalf of the department or any person designated by the secretary or the secretary's representative.
(b)
The petition shall set forth:
(1)
The name, age, and place of residence of the ward;
(2)
The names and places of residence of the nearest two adult relatives, if known;
(3)
The fact that the ward is entitled to receive moneys payable by or through the department;
(4)
The amount of money then due and the amount of probable future payments;
(5)
The name and address of the person or institution, if any, having actual custody of the ward;
(6)
In the case of a mentally incompetent ward, that the ward has been rated incompetent on examination by the department in accordance with the laws and regulations governing the department; and
(7)
The name and address of the person or institution sought to be appointed as VA guardian of the ward and the relationship, if any, of the proposed VA guardian to the ward.
(c)
Preferences for appointment of a VA guardian shall be as provided in Code Section
29-5-3
.
Former § 29-7-7 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-8 - Qualifications of VA guardian

Before making an appointment under this chapter, the court hearing the petition shall be satisfied that the VA guardian whose appointment is sought is a fit and proper person to be appointed. The nomination of a person by the department shall be prima-facie evidence of the person's fitness. A qualified individual shall ordinarily be preferred for appointment as VA guardian, but the court may, in the court's discretion, appoint any qualified person as VA guardian.
Former § 29-7-8 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-9 - Individuals or entities eligible to serve as VA guardians; discharge or guardian; requirements pending discharge

(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.
(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.
Former § 29-7-9 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-10 - Bond requirements; discharge of surety on bond

(a)
A bank or trust company doing business in this state shall not be required to file a bond for any VA guardianship unless required by the department.
(b)
Any other person serving as a VA guardian shall execute and file a bond, to be approved by the court, in an amount not less than the sum of the value of the estate, other than real property, at the time of the last accounting and funds estimated to become payable during the ensuing year, which bond shall be a security bond made by a solvent and acceptable surety company in the form required for bonds of guardians or conservators appointed under the general guardianship or conservatorship laws and shall be conditioned as are such bonds. After each annual accounting, the court shall review the amount of the bond and shall order such increase or decrease as shall be warranted by the accounting. No reduction in the bond amount shall affect the liability of the surety for past waste or misconduct of the VA guardian.
(c)
A surety on a bond posted pursuant to this Code section shall not be relieved from liability merely because of the expiration of the term of the bond but shall be subject to provisions of law for discharge of a surety applicable to other bonds.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-11 - Investment of surplus funds

Every VA guardian shall invest the surplus funds of the ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States or in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest surplus funds shall be furnished the proper area office of the department, and notice of hearing on the petition shall be given said office in the case of a VA guardian's account.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-12 - Expenditure of ward's estate; insurance; title to new property

(a)
A VA guardian shall not apply any portion of the estate of the ward for the support, maintenance, or education of any person other than the ward, the ward's spouse, and the children of the ward who are legally dependent on the ward, except upon order of the court after a hearing, notice of which has been given by certified mail or statutory overnight delivery to the department not less than 30 days prior to a hearing on the petition, unless the department consents in writing to the petition, in which case no hearing need be had.
(b)
No VA guardian shall name himself or herself as beneficiary of any insurance policy which insures the life of the ward. As to any insurance policy that is purchased after establishment of the VA guardianship where premiums are or have been paid from benefits, the VA guardian shall ensure that the beneficiary named is the estate of the ward.
(c)
All property of a ward having a VA guardian which is purchased with benefits shall be titled in the name of the current VA guardian or any successor VA guardian for (
name of ward
), a beneficiary of the department, further indicating the fact of VA guardianship and the name of the beneficiary on any documents of title. Any such assets which should be prudently insured shall be insured with a policy of insurance denominated in the same manner.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-13 - Annual accounting requirements

Every VA guardian shall file with the court annually, in the same manner as provided under the general law for conservators, a full, true, and accurate accounting, on oath, of all moneys received by the VA guardian and disbursements of all moneys, showing the balance in the VA guardian's hands at the date of the accounting and how it is invested. The VA guardian shall list in each accounting all the investments of the ward's funds, showing the amount of each investment, the date made, the interest rate, the date of maturity, the dates and amounts of any liquidations, and the dates and amounts of interest payments. A certified copy of each of accounting filed with the court shall be sent by the court within ten days after the accounting is filed to the office of the department having jurisdiction over the area in which the court is located. Each accounting shall include a computation of commissions allowed and taken during the period covered by the accounting. No accounting shall be allowed or admitted to record for a period of 60 days following the date of filing the accounting.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-14 - Failure to file an annual accounting

If any VA guardian fails to file the accounting required by Code Section
29-7-13
, the failure shall be grounds for removal. If any VA guardian fails to file any accounting within 30 days after demand is made by the court to do so, the court shall notify the surety for the VA guardian of the failure by certified mail or statutory overnight delivery. Thereafter, on motion of any interested party, including the surety, or on its own motion, the court may enter an order removing the VA guardian without further notice or hearing. Every VA guardian who fails or refuses to file the accounting by the due date shall receive no commission or compensation for any service during that year unless by special order of the court the VA guardian is exonerated from all fault.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-15 - Compensation for guardian; reimbursement for premium on bond

(a)
As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardian's hands during any months while the VA guardian serves. If the ward receives at least $350.00 per month, the minimum fee shall be $35.00 per month.
(b)
In the event the ward's monthly service connected disability compensation payment from the department is discontinued or suspended, the VA guardian, subject to court approval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by the VA guardian from the time the disability compensation payment is discontinued or suspended until the time the disability compensation payment is resumed.
(c)
In the event that extraordinary services are rendered by the VA guardian, the court, upon petition and after hearing thereon, may authorize additional compensation payable from the estate of the ward. Notice of the petition and hearing shall be given by certified mail or statutory overnight delivery to the department office having jurisdiction over the area in which the ward resides not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a previous VA guardian.
(d)
A VA guardian shall be allowed to pay from the ward's estate reasonable premiums for any corporate surety on the VA guardian's bond.
Amended by 2006 Ga. Laws 766,§ 18, eff. 7/1/2006.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-16 - Discharge of VA guardian; role of county guardian

(a)
A VA guardian, upon filing a petition and making satisfactory accounting, shall be discharged when the ward dies, reaches the age of majority, or is declared competent by the department or the court.
(b)
A county guardian who ceases to serve as county guardian continues to serve as a VA guardian at the pleasure of the court for which the VA guardian formerly served as county guardian. The court may at any time require the VA guardian's final accounting and discharge as to any or all VA guardianships which the VA guardian accepted as county guardian, whereupon the court shall appoint as successor VA guardian the new county guardian or other person as shall be requested by the department. A former county guardian may file a petition with the court, a copy of which shall be served by certified mail or statutory overnight delivery upon the area office of the department, together with the VA guardian's final accounting, as to any or all VA guardianships; whereupon the court shall appoint as the VA guardian's successor the new county guardian or other person as shall be designated by the department.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-17 - Application of other laws; right to appeal

Except where inconsistent with this chapter, the general guardianship and conservatorship laws of this state and the laws establishing the practice in such matters, including the rights of appeal, shall be applicable to wards and their estates governed by this chapter.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-18 - Construction

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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 8 - JUDGE OF PROBATE COURT AS CUSTODIAN OF CERTAIN FUNDS (§§ 29-8-1 — 29-8-6) › Section 29-8-1 - County administrators as ex officio county guardians

County administrators as provided for in Article 5 of Chapter 6 of Title 53 are ex officio county guardians and shall serve as guardians or conservators in all cases where appointed by the court.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Former § 29-8-1 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 8 - JUDGE OF PROBATE COURT AS CUSTODIAN OF CERTAIN FUNDS (§§ 29-8-1 — 29-8-6) › Section 29-8-2 - Bond requirements

In addition to the bond required in Code Section
53-6-41
, county guardians shall give another bond with good security, to be judged by the court, in the sum of $5,000.00. 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 county guardian's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county guardian, as provided by law for actions on the bonds of other guardians.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Former § 29-8-2 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 8 - JUDGE OF PROBATE COURT AS CUSTODIAN OF CERTAIN FUNDS (§§ 29-8-1 — 29-8-6) › Section 29-8-3 - Letters of guardianship or conservatorship; liability and rights of county guardian

The court shall grant to the county guardian separate letters of guardianship or conservatorship upon each appointment. The county guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians or conservators and shall be governed by the law provided for other guardians or conservators.
Former § 29-8-3 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 8 - JUDGE OF PROBATE COURT AS CUSTODIAN OF CERTAIN FUNDS (§§ 29-8-1 — 29-8-6) › Section 29-8-4 - Additional security on bond

(a)
If in the opinion of the court it shall become necessary for the good of any conservatorship placed or about to be placed in the hands of the county guardian for the county guardian to give additional security on the bond or to give additional bond with security, the court shall have the authority to fix the amount of the bond and shall cite the county guardian to appear and show cause, if any, why the additional bond or additional security should not be given.
(b)
If upon the hearing the county 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 county 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 county 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 county guardian and to appoint another county guardian for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.
Former § 29-8-4 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 8 - JUDGE OF PROBATE COURT AS CUSTODIAN OF CERTAIN FUNDS (§§ 29-8-1 — 29-8-6) › Section 29-8-4.1 - [Repealed]

Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 8 - JUDGE OF PROBATE COURT AS CUSTODIAN OF CERTAIN FUNDS (§§ 29-8-1 — 29-8-6) › Section 29-8-5 - Revocation of letters of guardianship or conservatorship or other court orders necessary for good of ward

The court may, for good cause shown, as provided in Code Section
29-5-92
, revoke the letters of guardianship or conservatorship of the county guardian, require additional security on the county guardian's bond, or issue any other order as is expedient and necessary for the good of any particular conservatorship in the hands of the county guardian.
Amended by 2006 Ga. Laws 766,§ 19, eff. 7/1/2006.
Former § 29-8-5 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 8 - JUDGE OF PROBATE COURT AS CUSTODIAN OF CERTAIN FUNDS (§§ 29-8-1 — 29-8-6) › Section 29-8-6 - through 29-8-9 - [Repealed]

Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Amended by 2002 Ga. Laws 876, § 3,eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-1 - Application of chapter

Except as otherwise specifically provided by law, the provisions of this chapter shall apply to any proceeding in the court that arises under this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the court arising under this title, except as otherwise provided in Chapter 11 of Title 9, Chapter 9 of Title 15, and Chapter 11 of this title.
Amended by 2019 Ga. Laws 233,§ 24, eff. 1/1/2020.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-4 - Personal service; procedure

(a)
Except as otherwise provided by law, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter.
(b)
Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least ten days before the hearing except that, if waived in writing, the ten-day provision shall not apply. An entry of service shall be made on the original and the copy for the party served.
(c)
A party who is in the military service may be served by any commissioned officer who shall file with the court a certificate stating that copies of the petition and citation were served in person.
(d)
Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section
15-9-17
.
(e)
When personal service is required by this Code section, unless otherwise directed by the court, service may be made by registered or certified mail or statutory overnight delivery if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least ten days before the date specified in the citation, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-5 - Service upon current residence addresses; service by publication

(a)
Except as otherwise provided by law or directed by the probate judge pursuant to Code Section
29-9-6
, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state or whose current address is unknown.
(b)
Unless all persons have known current residence addresses, the court shall order service to be perfected by publication of the citation in the newspaper in which the sheriff's advertisements are published in the county in which the petition is filed. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given. The published citation shall be directed to the person to be served.
(c)
If the current residence address of a person is known, service shall be made by mailing by first-class mail a copy of the petition and the citation.
(d)
When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of a known person whose current residence address is unknown, that person's name shall appear in the records of the court, and the records shall show service by publication as to that person in compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-6 - Service upon conservator or guardian

If one or more unsuccessful attempts at personal service are made by the sheriff or deputy upon a conservator or guardian appointed in this state at the last known address of the conservator or guardian that appears in the court records and it appears to the court that further attempts are likely to be futile, then service shall be sufficient upon the conservator or guardian if the citation is mailed by first-class mail to the last known address of the conservator or guardian.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-7 - Judge's discretion on notice, service, and additional time for proceedings; additional notice requirements for persons residing in another state

(a)
The probate judge may direct any additional service or notice or extend the time to respond to any proceedings covered by this title as the judge may determine to be proper in the interest of due process and reasonable opportunity for any party or interest to be heard.
(b)
If a petition for appointment of a guardian or conservator is filed and the petition lists any state in which the proposed ward was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of the petition or ending within the six months prior to the filing of the petition pursuant to paragraph (17) of subsection (b) of Code Section
29-4-10
or paragraph (19) of subsection (b) of Code Section
29-5-10
, in addition to any other notice requirements, notice shall be given by the court to those persons who reside in such other state who are named in the petition pursuant to paragraphs (7) through (9) of subsection (b) of Code Section
29-4-10
or paragraphs (8) through (10) of subsection (b) of Code Section
29-5-10
in such additional manner as the court determines might be reasonably calculated to give actual notice to such persons. Such additional manner may include the publication of notice in the county of such other state in which the proposed ward was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of the petition.
Amended by 2013 Ga. Laws 285,§ 3, eff. 7/1/2013.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-8 - Waiver of service or notice; written consent

(a)
Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment of service shall be in writing, signed by the person to be served or some person competent to do so, shall be sworn before the court or a notary public, and shall be filed with the court.
(b)
The written consent of a party to the granting of any relief or the entry of any order sought in a proceeding, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of notice and service of the proceedings, waiver of citation, entry of appearance, answer admitting all allegations of facts set forth in the petition as true and correct, and consent to the granting of the relief or the order sought.
(c)
A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-9 - Oaths, affirmations, and affidavits

An oath or affirmation or affidavit required or allowed to be made before or attested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or affidavit is made. The oath or affirmation or affidavit, if made outside this state, shall have the same force and effect as if it had been made before an officer of this state authorized to administer oaths. The official attestation of the officer before whom the oath or affirmation or affidavit is made shall be prima-facie evidence of the official character of the officer and that the officer was authorized by law to administer oaths.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-10 - Oath by department delegate

When appointed pursuant to subsection (b.1) of Code Section
29-4-3
, a duly appointed delegate of the Department of Human Services is authorized to take the oath of guardianship before the judge of any probate court of this state.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Added by 2005 Ga. Laws 91,§ 4, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-11 - Verification of petitions and returns; consolidation and transfer of proceedings

(a)
Every petition and return filed in the court shall be verified by an oath sworn to or affirmed before the court or a notary public.
(b)
Where appropriate, petitions for separate appointments, such as the appointment of a guardian and a conservator or the appointment of a guardian and an emergency guardian, may be consolidated into one petition and the filing and giving of notice of the petitions may occur simultaneously.
(c)
If the petition for the appointment of a guardian or a conservator of a minor is originally filed in the court of the county in which the minor is found, on motion of either party, if found by such court to be appropriate, the case may be transferred to the court of the county of the minor's domicile.
(d)
If the petition for the appointment of a guardian or a conservator of a proposed ward is originally filed in the court of the county in which the proposed ward is found or in which jurisdiction is otherwise proper under Code Section
29-11-12
, on motion of either party, if found by such court to be appropriate and unless otherwise provided by Chapter 11 of this title, the case may be transferred to the court of the county of the proposed ward's domicile.
Amended by 2019 Ga. Laws 233,§ 27, eff. 1/1/2020.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-12 - Issuance of citations

(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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-13 - Satisfaction of requirements of authentication or exemplification

(a)
Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than ten days after the date the person is personally served. For persons within the United States who are served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 14 days from the date of mailing or delivering; provided, however, that if a return receipt from any recipient is received by the court within 14 days from the date of mailing or delivering, the date on or before which any objection is required to be filed by such recipient shall be ten days from the date of receipt as shown on the return receipt. For a person outside the United States who is served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed or delivered; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date of receipt shown on such return receipt. For a person served by publication, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks.
(b)
Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the citation, the court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings.
(c)
Notwithstanding the other provisions of this Code section, the date by which objections must be filed or on which the hearing shall be held shall be no earlier than ten days after the date of service on any person who is entitled to personal service.
Amended by 2006 Ga. Laws 766,§ 20, eff. 7/1/2006.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-13.1 - Authentication of documents

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.
Amended by 2019 Ga. Laws 233,§ 28, eff. 1/1/2020.
Amended by 2012 Ga. Laws 684,§; 29, eff. 1/1/2013.
Amended by 2011 Ga. Laws 52,§; 41, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-14 - Court ordered hearings

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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-15 - Compensation for legal counsel or guardian ad litem

(a)
In connection with any proceeding brought pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, unless voluntarily waived, the court shall award reasonable fees and expenses, commensurate with the tasks performed and time devoted to the proceeding, including any appeals, to any legal counsel or guardian ad litem who is appointed by the court pursuant to the provisions of said chapters or Code Section
29-9-2
.
(b)
In connection with any proceeding brought pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, unless voluntarily waived, the court may award reasonable fees and expenses, commensurate with the tasks performed and time devoted to the proceeding, including any appeals, to any legal counsel who is retained by or on behalf of a minor, a proposed ward, a ward, the petitioner or petitioners, or any other party to any proceeding brought pursuant to the provisions of said chapters. 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.
(c)
All fees and expenses awarded under subsection (a) or (b) of this Code section shall be assessed and paid in accordance with the provisions of Code Section
29-9-3
.
Amended by 2020 Ga. Laws 521,§ 29, eff. 7/29/2020.
Amended by 2019 Ga. Laws 233,§ 29, eff. 1/1/2020.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-16 - Compensation to physicians, psychologists, or licensed clinical social workers

(a)
For the evaluation or examination required by subsection (d) of Code Section
29-4-11
, subsection (c) of Code Section
29-4-15
, subsection (b) of Code Section
29-4-42
, subsection (d) of Code Section
29-5-11
, subsection (c) of Code Section
29-5-15
, or subsection (b) of Code Section
29-5-71
, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses.
(b)
In the event the attendance of the evaluating physician, psychologist, or licensed clinical social worker shall be required by the court for a hearing under subsection (d) of Code Section
29-4-12
, subsection (a) of Code Section
29-4-16
, subsection (b) of Code Section
29-4-42
, subsection (d) of Code Section
29-5-12
, subsection (a) of Code Section
29-5-16
, or subsection (b) of Code Section
29-5-71
, other than pursuant to a subpoena requested by a party to the proceeding, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses.
(c)
All fees and expenses payable under subsection (a) or (b) of this Code section shall be assessed by the court and paid in accordance with the provisions of Code Section
29-9-3
.
Amended by 2019 Ga. Laws 233,§ 30, eff. 1/1/2020.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-17 - Court ordered instruction for conservator or guardian

At the time of appointment and at any time throughout the conservatorship or guardianship, the court may order the conservator or guardian to undergo such instruction as the court deems appropriate.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-18 - Sealing of records on conservatorship or guardianship

(a)
All of the records relating to any minor or adult guardianship or conservatorship granted under this title and all of the records relating to any adult guardianship or conservatorship transferred or accepted under Article 3 of Chapter 11 of this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel of record and the dates of filing, granting, terminating, transferring, and accepting the guardianship or conservatorship. The sealed records may be examined by the ward and the ward's legal counsel; the minor, the minor's parents, and the minor's legal counsel; the guardian or conservator and the guardian's or conservator's legal counsel; and any surety for the guardian or conservator and legal counsel for the surety at any time.
(b)
Except as otherwise provided in subsection (b) of Code Section
29-11-5
and in subsection (c) of this Code section, a request by other interested parties to examine the sealed records shall be by petition to the court, and the ward and guardian or conservator shall have at least 30 days' prior written notice of a hearing on the petition; provided, however, that for good cause shown to the court, the court may shorten such notice period or grant the petition without notice. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest, and the court shall limit the portion of the file to which access is granted to that which is required to meet the legitimate needs of the petitioner. The court, in its discretion, may assess and award costs, compensation, fees, and expenses for a proceeding under this subsection in accordance with the provisions of Code Section
29-9-3
.
(c)
To the extent reasonably required to facilitate any communication or fulfill any request to take any action pursuant to Chapter 11 of this title, a court of this state may disclose the records referred to in subsection (a) of this Code section to a court of another state.
Amended by 2019 Ga. Laws 233,§ 31, eff. 1/1/2020.
Amended by 2008 Ga. Laws 685,§ 7, eff. 7/1/2008.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 9 - GUARDIAN AD LITEM (§§ 29-9-1 — 29-9-19) › Section 29-9-19 - Petitioner for guardian or conservator to submit to criminal history records check

(a)
As used in this Code section, the term "criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release.
(b)
The court may require a petitioner seeking to become a guardian or conservator, or a nominated guardian or conservator if such person is different from the petitioner, to submit to a criminal history records check. The petitioner or nominee shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee. The Georgia Crime Information Center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of its records and shall obtain a report containing criminal history record information. The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access. The Georgia Crime Information Center shall provide a report of the petitioner's or nominee's criminal history record information to the court for its consideration in determining the suitability of the petitioner or nominee to serve as a guardian or conservator.
Added by 2012 Ga. Laws 580,§ 3, eff. 7/1/2012.
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 29-10-1 - "Public guardian" defined

As used in this chapter, the term "public guardian" means an individual or private entity, including a nonprofit entity, who meets the qualifications required in this chapter and has registered with and been duly approved by the probate court to serve as a public guardian of an adult pursuant to Code Section
29-4-3
.
Added by 2005 Ga. Laws 91, § 5, 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 29-10-2 - Oath of guardianship

When appointed pursuant to subsection (b.1) of Code Section
29-4-3
, a public guardian is authorized to take the oath of guardianship before the judge of any probate court of this state. In the event of a public guardian that is a private entity, the employee or agent of such entity who will have direct contact with the ward shall take the oath required by this Code section.
Added by 2005 Ga. Laws 91, § 5, eff. 7/1/2005.