reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 1 - GENERAL PROVISIONS (§§ 29-2-1 — 29-2-2) › Section 29-2-2 - Qualified individuals to serve as guardian of minor

(a)
Only an individual may serve as guardian of a minor.
(b)
No individual may be appointed as guardian of a minor who:
(1)
Is a minor, a ward, or a protected person; or
(2)
Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the minor's best interest.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former § 29-2-2 repealed by 2004 Ga.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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 2 - PARENTAL RIGHTS IN GUARDIAN SELECTION (§§ 29-2-3 — 29-2-4) › Section 29-2-3 - Guardian of minor children in event of divorce; death of spouse or former spouse

(a)
For purposes of this Code section, the terms "joint legal custody" and "sole custody" shall have the meanings as provided in Code Section
19-9-6
.
(b)
Except as otherwise provided in this chapter, each parent shall be the natural guardian of any minor child of the parent, except that, if the parents are divorced and one parent has sole custody of the minor, that parent is the sole natural guardian of that minor. If the parents have joint legal custody, both parents are the natural guardians of that minor.
(c)
If one parent of a minor dies, the surviving parent is the sole natural guardian of the minor, even if the parents were divorced and the deceased parent had sole custody of the minor.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former § 29-2-3 repealed by 2004 Ga.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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 2 - PARENTAL RIGHTS IN GUARDIAN SELECTION (§§ 29-2-3 — 29-2-4) › Section 29-2-4 - Nomination of testamentary guardian; no bond or security required

(a)
Every parent, by will, may nominate a testamentary guardian for the parent's minor child.
(b)
(1)
Unless the minor has another living parent, upon probate of the minor's parent's will, letters of guardianship shall be issued to the individual nominated in the will who shall serve as testamentary guardian without a hearing provided that the individual is willing to serve and no objection is filed. If a timely objection is filed, letters of guardianship shall only be issued after a hearing held pursuant to paragraph (4) of this subsection.
(2)
At the time such will is offered for probate, notice of the testamentary guardianship shall be served by certified mail or statutory overnight delivery, return receipt requested, to the minor child's adult siblings and grandparents. If such child does not have adult siblings or grandparents, such notice shall be served on such child's great-grandparents, aunts, uncles, great aunts, or great uncles, insofar as any such relative exists.
(3)
Any person who receives a notice pursuant to this subsection and objects to the appointment of the nominated testamentary guardian shall file an objection with the court within ten days of being served with notice. Such objection shall include allegations and facts with reasonable specificity stating why the nominated testamentary guardian is unfit to serve.
(4)
If a timely objection is filed, the court shall conduct an expedited hearing within 30 days of the date of the filing of the last objection. The hearing shall be conducted in accordance with Code Section
29-2-14
. The court shall award the letters of guardianship to the nominated testamentary guardian unless the objecting party establishes by clear and convincing evidence that the nominated testamentary guardian is unfit to serve as testamentary guardian.
(5)
Any proceeding relating to the appointment of a testamentary guardian shall not affect or delay the probating of a will.
(c)
A testamentary guardian shall not be required to give bond or security. In all other respects a testamentary guardian shall have the same rights, powers, and duties as a permanent guardian appointed by the court.
Amended by 2014 Ga. Laws 635,§ 4-1, eff. 1/1/2015.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former § 29-2-4 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 3 - TEMPORARY GUARDIANSHIP OF MINORS (§§ 29-2-5 — 29-2-8) › Section 29-2-5 - Petitions for temporary guardianship; requirements of petition

(a)
A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor.
(b)
The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary of this state, the petition may be filed in the probate court of the county where the minor is found.
(c)
A petition for the appointment of a temporary guardian shall include the following:
(1)
The name, address, and date of birth of the minor;
(2)
The name and address of the petitioner and the petitioner's relationship to the minor, if any;
(3)
A statement that the petitioner has physical custody of the minor and:
(A)
Is domiciled in the county in which the petition is being filed; or
(B)
Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;
(4)
The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor's natural guardian;
(5)
A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition;
(6)
If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and
(7)
The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.
Amended by 2006 Ga. Laws 766,§ 3, eff. 7/1/2006.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former § 29-2-5 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 3 - TEMPORARY GUARDIANSHIP OF MINORS (§§ 29-2-5 — 29-2-8) › Section 29-2-7 - Powers of temporary guardians; medical insurance coverage for minors

(a)
Except as otherwise provided by law, a temporary guardian shall be entitled to exercise any of the powers of a natural guardian. The court in its discretion may waive the requirement that a temporary guardian file the personal status reports that are required by paragraph (8) of subsection (b) of Code Section
29-2-21
.
(b)
If a temporary guardian, in writing, assumes the obligation to support the minor while the temporary guardianship is in effect, to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the minor the temporary guardianship shall be deemed to be a permanent guardianship.
Former § 29-2-7 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 3 - TEMPORARY GUARDIANSHIP OF MINORS (§§ 29-2-5 — 29-2-8) › Section 29-2-8 - Termination of temporary guardianship; petition for termination of guardianship

(a)
A temporary guardianship shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, the temporary guardian dies, letters of guardianship are issued to a permanent or testamentary guardian, or a court order terminating the temporary guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court may order a hearing in an appropriate case.
(b)
Either natural guardian of the minor may at any time petition the court to terminate a temporary guardianship; provided, however, that notice of such petition shall be provided to the temporary guardian. If no objection to the termination is filed by the temporary guardian within ten days of the notice, the court shall order the termination of the temporary guardianship. If the temporary guardian objects to the termination of the temporary guardianship within ten days of the notice, the court shall have the option to hear the objection or transfer the records relating to the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or termination of the temporary guardianship is in the best interest of the minor.
Former § 29-2-8 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 4 - STANDBY GUARDIANS (§§ 29-2-9 — 29-2-13) › Section 29-2-9 - Definitions

As used in this part, the term:
(1)
"Designating individual" means a parent or guardian who appoints a standby guardian. A designating individual may only be:
(A)
A parent of a minor, provided that he or she has physical custody of the minor and his or her parental rights have not terminated; and provided, further, that the other parent of the minor is deceased, has had his or her parental rights terminated, cannot be found after a diligent search has been made, or has consented to the designation of and service by the standby guardian; or
(B)
A guardian of the minor who is duly appointed and serving pursuant to court order.
(2)
"Health care professional" means a person licensed to practice medicine under Chapter 34 of Title 43 or a person licensed as a registered professional nurse under Chapter 26 of Title 43 and authorized by the Georgia Board of Nursing to practice as a nurse practitioner.
(3)
"Health determination" means the dated, written determination by a health care professional that a designating individual is unable to care for a minor due to the designating individual's physical or mental condition or health including a condition created by medical treatment.
(4)
"Standby guardian" means an adult who is named by a designating individual to serve as standby guardian of the minor.
Former § 29-2-9 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 4 - STANDBY GUARDIANS (§§ 29-2-9 — 29-2-13) › Section 29-2-10 - Designation of standby guardian pending health issue; required probate court filing; no bond required; parental obligation to support continues

(a)
A designating individual may designate an individual to serve as standby guardian of a minor upon the health determination being made.
(b)
Upon the health determination being made and without the necessity of any judicial intervention, the standby guardian shall assume all the rights, duties, and responsibilities of guardianship of the person of the minor. Consistent with the designating individual's physical or mental condition or health, the designating individual may confer with the standby guardian in decision making concerning the care and welfare of the minor.
(c)
Upon the health determination being made, the standby guardian shall file with the probate court of the county of domicile of the minor a notice of the standby guardianship with a copy of the standby guardianship designation and the health determination attached thereto.
(d)
No bond shall be required of a standby guardian.
(e)
No proceedings under this part shall relieve any parent, custodial or noncustodial, of a duty to support the minor under the provisions of Chapter 6 of Title 19.
Former § 29-2-10 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 4 - STANDBY GUARDIANS (§§ 29-2-9 — 29-2-13) › Section 29-2-12 - Revocation of standby guardianship prior to and subsequent to health determination

(a)
At any time before the health determination is made, a standby guardianship may be revoked without notice to anyone by destruction or obliteration of the designation done by the designating individual with an intent to revoke or by a written revocation signed by the designating individual or by some other individual in the designating person's presence and at the designating individual's express direction and attested to and subscribed by two or more competent witnesses.
(b)
After the health determination has been made, the standby guardianship may be revoked by the designating individual by filing a notice of such revocation with the court in which the standby guardianship was filed as required by Code Section
29-2-10
and by mailing a copy of the notice of revocation by first-class mail to the standby guardian.
Former § 29-2-12 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 4 - STANDBY GUARDIANS (§§ 29-2-9 — 29-2-13) › Section 29-2-13 - Petition seeking temporary guardianship; automatic termination of standby guardianship

(a)
Within 120 days of the health determination being made, the standby guardian shall file with the probate court in the county of domicile of the minor a petition seeking temporary guardianship of the minor.
(b)
Except as otherwise provided, a standby guardianship shall automatically terminate 120 days after the making of the health determination unless the standby guardian has filed a petition for temporary guardianship of the minor, in which case the standby guardianship shall remain in effect, unless otherwise revoked, until the petition is ruled upon.
(c)
If the designating individual dies prior to the entering of an order on a petition for guardianship of the minor, as contemplated by subsection (a) of this Code section, the standby guardianship shall be terminated. If the designating individual dies subsequent to the entering of an order on such a petition, the guardianship created pursuant to that order shall terminate in favor of any testamentary designation of a guardian of the minor or, if there is no testamentary designation, to an order on a petition for guardianship brought thereafter and subject to Code Section
29-2-17
.
Former § 29-2-13 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 5 - PERMANENT GUARDIANSHIP (§§ 29-2-14 — 29-2-19) › Section 29-2-14 - Power of probate court to appoint guardian

The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the probate court of the county in which the petition for appointment of a permanent guardian is filed may transfer the case to the probate court of any other county in this state if such transfer would serve the best interest of the minor.
Former § 29-2-14 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 5 - PERMANENT GUARDIANSHIP (§§ 29-2-14 — 29-2-19) › Section 29-2-15 - "Biological father" defined; notice of petition for appointment of permanent guardian; protest of father; petition to legitimate

(a)
For purposes of this part, the term "biological father" means a father of a minor born out of wedlock whose rights regarding the minor have not been surrendered or terminated but who is not entitled to have custody of and exercise parental power over the child pursuant to Code Section
19-7-25
.
(b)
(1)
Notice of a petition for appointment of a permanent guardian of a minor shall be given to the minor's biological father, if any, in the following circumstances:
(A)
If the identity of the biological father is known to the petitioner;
(B)
If the biological father is a registrant on the putative father registry who has acknowledged paternity of the minor in accordance with subparagraph (d)(2)(A) of Code Section
19-11-9
;
(C)
If the biological father is a registrant on the putative father registry who has indicated possible paternity of a child of the minor's mother during a period beginning two years immediately prior to the minor's date of birth in accordance with subparagraph (d)(2)(B) of Code Section
19-11-9
; or
(D)
If the biological father has lived with the minor; contributed to the minor's support; made any attempt to legitimate the minor; or provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the minor.
(2)
The notice shall advise the biological father that he will lose all rights to object to the appointment of a permanent guardian for the minor if he does not file an objection with the court within 14 days of the notice and file a petition to legitimate the minor within 30 days of the hearing on his objection. The notice shall include the name of the individual who will be the minor's permanent guardian if the petition is granted.
(c)
If the biological father files a timely objection to the petition, the court shall hear the objection and, if the biological father makes a request, shall continue the hearing for 30 days to allow the father to file a petition to legitimate the minor pursuant to Code Section
19-7-22
. If the biological father's petition for legitimation of the minor is granted, the petition for the appointment of a permanent guardian for the minor shall be dismissed.
(d)
If the biological father does not file a petition for legitimation within 30 days or files a petition that is subsequently dismissed for failure to prosecute or files a petition and the action is subsequently concluded without a court order declaring that he is the father of the minor, the biological father shall have no further rights to receive notice of or object to the appointment of a permanent guardian for the minor.
Former § 29-2-15 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 5 - PERMANENT GUARDIANSHIP (§§ 29-2-14 — 29-2-19) › Section 29-2-16 - Individuals with preference for permanent guardianship of minor; preference not controlling

(a)
The court shall appoint as permanent guardian that individual who will serve the best interest of the minor, considering the following order of preferences:
(1)
The adult who is the preference of the minor if the minor is 14 years of age or older;
(2)
The nearest adult relative of the minor determined according to Code Section
53-2-1
;
(3)
Other adult relatives of the minor;
(4)
Other adults who are related to the minor by marriage;
(5)
An adult who was designated in writing by either of the minor's natural guardians in a notarized document or document witnessed by two or more persons; or
(6)
An adult who has provided care or support for the minor or with whom the minor has lived.
(b)
The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Former § 29-2-16 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 5 - PERMANENT GUARDIANSHIP (§§ 29-2-14 — 29-2-19) › Section 29-2-18 - Hearing; best interest of the child standard

Upon the filing of a petition for the appointment of a permanent guardian of a minor and the giving of notice, the court shall hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor.
Former § 29-2-18 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 1 - MINORS (§§ 29-2-1 — 29-2-19) › Part 5 - PERMANENT GUARDIANSHIP (§§ 29-2-14 — 29-2-19) › Section 29-2-19 - Requirements of order granting permanent guardianship

An order granting permanent guardianship shall specify:
(1)
The name of the permanent guardian and the basis for the selection of the guardian;
(2)
A specific listing of any of the additional powers which are granted to the permanent guardian as provided in subsection (b) of Code Section
29-2-22
;
(3)
If only a guardian is appointed or if the guardian and the conservator appointed are not the same person, the reasonable sums of property to be provided the guardian to provide adequately for the minor's support, care, education, health, and welfare are subject to modification by subsequent order of the court; and
(4)
Such other and further provisions of the guardianship as the court shall determine to be in the best interest of the minor.
Former § 29-2-19 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 2 - PROTECTION OF MINOR (§§ 29-2-20 — 29-2-25) › Section 29-2-20 - Rights of minor; impact on testamentary capacity

(a)
In every guardianship, the minor has the right to:
(1)
A qualified guardian who acts in the best interest of the minor;
(2)
A guardian who is reasonably accessible to the minor;
(3)
Have his or her property utilized as necessary for his or her support, care, education, health, and welfare; and
(4)
Individually or through the minor's representative or legal counsel, bring an action relating to the guardianship.
(b)
The appointment of a guardian is not a determination that a minor who is 14 years of age or older lacks testamentary capacity.
Former § 29-2-20 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 2 - PROTECTION OF MINOR (§§ 29-2-20 — 29-2-25) › Section 29-2-21 - Power of guardian over minor; obligations of guardians; liability of guardian

(a)
The power of a guardian over the minor shall be the same as that of a parent over a child; the guardian standing in place of the parent. A guardian shall at all times act as a fiduciary in the minor's best interest and exercise reasonable care, diligence, and prudence.
(b)
A guardian shall:
(1)
Respect the rights and dignity of the minor;
(2)
Arrange for the support, care, education, health, and welfare of the minor considering the minor's available resources;
(3)
Take reasonable care of the minor's personal effects;
(4)
Expend money of the minor that has been received by the guardian for the minor's current needs for support, care, education, health, and welfare;
(5)
Conserve for the minor's future needs any excess money of the minor received by the guardian; provided, however, that if a conservator has been appointed for the minor, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the minor's future needs;
(6)
If necessary, petition to have a conservator appointed;
(7)
Endeavor to cooperate with the conservator, if any;
(8)
Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the conservator, if any, a personal status report concerning the minor, which shall include:
(A)
A description of the minor's general condition, changes since the last report, and the minor's needs;
(B)
All addresses of the minor during the reporting period and the living arrangements of the minor for all addresses; and
(C)
Recommendations for any alteration in the guardianship order;
(9)
Promptly notify the court of any conflict of interest between the minor and the guardian when the conflict arises or becomes known to the guardian and take such action as is required by Code Section
29-2-23
;
(10)
Keep the court informed of the guardian's current address; and
(11)
Act promptly to terminate the guardianship when the minor dies, reaches age 18, is adopted, or is emancipated.
(c)
A guardian, solely by reason of the guardian-minor relationship, is not personally liable for:
(1)
The minor's expenses;
(2)
Contracts entered into in the guardian's fiduciary capacity;
(3)
The acts or omissions of the minor;
(4)
Obligations arising from ownership or control of property of the minor; or
(5)
Other acts or omissions occurring in the course of the guardianship.
Former § 29-2-21 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 2 - PROTECTION OF MINOR (§§ 29-2-20 — 29-2-25) › Section 29-2-23 - Conflicts of interest

The guardian must disclose promptly any conflict of interest between the guardian and the minor when it arises or becomes known to the guardian and seek the court's determination as to whether the conflict is insubstantial or if it is in the best interest of the minor for the guardian to continue to serve.
Former § 29-2-23 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 2 - PROTECTION OF MINOR (§§ 29-2-20 — 29-2-25) › Section 29-2-24 - Oath required of guardian

Before entering upon the duties of the appointment, every guardian appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a guardian and to account faithfully for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.
Former § 29-2-24 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 2 - PROTECTION OF MINOR (§§ 29-2-20 — 29-2-25) › Section 29-2-25 - Bond requirements

(a)
A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.
(b)
The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
(c)
If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state, the bond premium shall, upon the request of the guardian, be paid from the estate of the minor.
Amended by 2019 Ga. Laws 233,§ 1, eff. 1/1/2020.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former §§ 29-2-25 through 29-2-31 were repealed.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 3 - TERMINATION OF GUARDIANSHIP (§§ 29-2-30 — 29-2-31) › Section 29-2-30 - Circumstances when guardianship terminates; delivery of property

(a)
The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court in its discretion may order a hearing.
(b)
Within six months prior to the date the minor reaches 18 years of age, the guardian or any other interested person may file a petition for the appointment of a guardian for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 4 of this title, to take effect on or after the date the minor reaches 18 years of age.
(c)
The death of the minor automatically terminates the guardianship, except as otherwise provided in Code Section
29-2-31
.
(d)
Upon termination of the guardianship, the guardian shall deliver any money or property to the former minor or, if a guardian or conservator has been appointed for the former minor, to that guardian or conservator or, if the minor is deceased, to the minor's personal representative.
Amended by 2006 Ga. Laws 766,§ 4, eff. 7/1/2006.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former §§ 29-2-25 through 29-2-31 were repealed.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 3 - TERMINATION OF GUARDIANSHIP (§§ 29-2-30 — 29-2-31) › Section 29-2-31 - Petition for order dismissing guardian

(a)
Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of paragraph (8) of subsection (b) of Code Section
29-2-21
. Notice shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed and 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, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed.
(b)
If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. Such order shall not bar an action against the guardian.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former §§ 29-2-25 through 29-2-31 were repealed.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-40 - Petition to resign guardianship; requirements; service; hearing; appointment of successor guardian

(a)
A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:
(1)
The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause;
(2)
Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;
(3)
Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardian's care of the minor, which disagreement and conflict appear to be detrimental to the minor;
(4)
The resignation of the guardian will result in or permit substantial financial benefit to the minor; or
(5)
The resignation would not be disadvantageous to the minor.
(b)
The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.
(c)
Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the parents of the minor in the event of the resignation of a temporary guardian, to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian:
(1)
The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(2)
If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(3)
If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section
53-2-1
.
(d)
If after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section
29-2-51
and accept the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property of the minor held by the guardian.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Former § 29-2-40 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-41 - Appointment of successor guardian

(a)
In the event of the death of a guardian, and upon the petition of an interested person or upon the court's own motion, the court shall appoint a successor guardian. The court shall notify the minor and any guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail to the conservator of the minor, if any, to the personal representative of the deceased guardian, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1)
The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(2)
If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(3)
If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section
53-2-1
.
(b)
After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section
29-2-51
requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the minor held by the guardian.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Former § 29-2-41 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-41.1 - [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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-42 - Requirement of guardian to answer charges affecting obligations as guardian; revocation of guardianship; impact on other proceedings

(a)
Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of guardianship or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute guardian for the minor during the investigation.
(b)
Upon investigation the court may in its discretion:
(1)
Revoke or suspend the letters of guardianship;
(2)
Require additional security;
(3)
Reduce or deny compensation to the guardian or impose such other sanction or sanctions as the court deems appropriate; and
(4)
Issue any other order as in the court's judgment is appropriate under the circumstances of the case.
(c)
The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian. The successor guardian shall be made a party to the action in the manner provided in Code Section
9-11-25
.
Former § 29-2-42 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-42.1 - [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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-43 - Minor's cause of action for breach of guardian's fiduciary duties

(a)
If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate:
(1)
To recover damages;
(2)
To compel performance of the guardian's duties;
(3)
To enjoin the commission of a breach of fiduciary duty; or
(4)
To compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b)
When the minor's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.
(c)
The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
Former § 29-2-43 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-44 - Statute of limitations

All actions against a guardian, except on the guardian's bond, shall be brought within six years of the termination of the guardianship of the minor, except as provided in Code Section
9-3-90
.
Former § 29-2-44 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 4 - VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45) › Section 29-2-45 - through 29-2-49 - [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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 5 - TEMPORARY SUBSTITUTE GUARDIANS (§§ 29-2-50 — 29-2-52) › Section 29-2-50 - Appointment of temporary substitute guardian; length of service; powers; notice of appointment; application of chapter

(a)
Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute guardian for a minor if it appears to the court that the best interest of the minor requires immediate action.
(b)
The temporary substitute guardian shall be appointed for a specified period not to exceed 120 days.
(c)
The court shall appoint as temporary substitute guardian an appropriate individual who shall serve the best interest of the minor.
(d)
Except as otherwise ordered by the court, a temporary substitute guardian has the powers set forth in the order of appointment. The authority of the previously appointed guardian is suspended for as long as the temporary substitute guardian has authority to act on behalf of the minor.
(e)
Notice of the appointment of a temporary substitute guardian shall be served personally on the minor. Notice of the appointment shall be served personally on the previously appointed guardian at the last address provided by that guardian to the court. Notice of the appointment shall be mailed by first-class mail to the minor's conservator, if any.
(f)
The court may remove the temporary substitute guardian at any time. A temporary substitute guardian shall make any report the court requires. In all other respects, the provisions of this chapter apply to the temporary substitute guardian.
Former § 29-2-50 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 5 - TEMPORARY SUBSTITUTE GUARDIANS (§§ 29-2-50 — 29-2-52) › Section 29-2-51 - Appointment of successor guardian; notice; preference to selected individuals; order of appointment

(a)
The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the minor. The court shall select the successor guardian in the manner provided in Code Section
29-2-16
.
(b)
In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections
29-2-40
and
29-2-41
. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1)
The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(2)
If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(3)
If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section
53-2-1
.
(c)
After such hearing as the court deems appropriate, the court shall enter an order appointing the successor guardian.
Amended by 2019 Ga. Laws 233,§ 2, eff. 1/1/2020.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Former § 29-2-51 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 5 - TEMPORARY SUBSTITUTE GUARDIANS (§§ 29-2-50 — 29-2-52) › Section 29-2-52 - Delivery of property to successor guardian; reporting requirements

Upon the appointment of a successor guardian, the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property of the minor held by the guardian and shall submit a final status report covering the period since the guardian's last status report.
Former § 29-2-52 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 1 - GENERAL PROVISIONS (§ 29-2-60) › Section 29-2-60 - Petition for jurisdiction change; retention of jurisdiction for limited matters

(a)
A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the minor resides.
(b)
Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the guardian was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the minor.
(c)
Before the removal of the guardianship to another county in this state, the guardian shall file with the court of the county to which the guardianship is to be removed certified copies of all the records pertaining to the guardianship.
(d)
Following removal of a guardianship to another county in this state, the court of that county shall have the same jurisdiction over the guardian as if the guardian had been first appointed in that county, and every case growing out of or affecting the guardianship shall be heard and tried only in the county to which the guardianship has been removed.
(e)
The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a guardian shall retain jurisdiction of such matters even when the guardianship has been removed to another county.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.