reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 4 - CONSERVATOR (§§ 29-3-115 — 29-3-120) › Section 29-3-116 - Right of foreign conservator to bring action

A foreign conservator may institute an action in any court in this state to enforce any right or to recover any property belonging to the minor or accruing to the foreign conservator in his or her capacity as conservator.
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 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 4 - CONSERVATOR (§§ 29-3-115 — 29-3-120) › Section 29-3-117 - Filing of letters of conservatorship

Pending an action brought by a foreign conservator pursuant to Code Section
29-3-116
, an authenticated copy of the letters of conservatorship shall be filed with the clerk of the court to become a part of the record if the case is pending in a court of record, or filed with the papers if the action is a summary proceeding.
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 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 4 - CONSERVATOR (§§ 29-3-115 — 29-3-120) › Section 29-3-118 - Submission of foreign conservator to jurisdiction

A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by:
(1)
Receiving payment of money or taking delivery of personal property in this state belonging to the minor; or
(2)
Doing any act as a conservator in this state that would have given this state jurisdiction over the conservator as an individual.
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 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 4 - CONSERVATOR (§§ 29-3-115 — 29-3-120) › Section 29-3-119 - Rights of interested parties prior to sale of minor's assets

Any resident of this state who is interested as a creditor, heir, or will beneficiary of a minor whom a foreign conservator represents may apply to the proper court to compel the foreign conservator to protect his or her interest according to equity and good conscience before selling the minor's assets or removing the minor's assets beyond the limits of this state.
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 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 4 - CONSERVATOR (§§ 29-3-115 — 29-3-120) › Section 29-3-120 - Payment of funds or return of property to foreign conservator on minor's behalf

(a)
A person who is indebted to or has possession of tangible or intangible property of a minor may pay the debt or deliver the property to a foreign conservator of the minor. Payment of the debt or delivery of the property may be made upon proof that the foreign conservator has been appointed and is entitled to the debt payment or to receive delivery of the property.
(b)
Payment of the debt or delivery of the property in response to the demand discharges the debtor or possessor, unless the debtor or possessor has knowledge of proceedings for the appointment of a guardian, conservator, or other protective proceeding in this state.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 1 - GENERAL PROVISIONS (§§ 29-4-1 — 29-4-3) › Section 29-4-1 - Prerequisite findings prior to appointment of guardian for adult; extent of guardianship

(a)
The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety.
(b)
No guardian, other than a guardian ad litem or a guardian appointed in an emergency under paragraph (1) of subsection (a) of Code Section
29-11-13
, shall be appointed for an adult except pursuant to the procedures of this chapter.
(c)
No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult.
(d)
No guardian shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a guardian for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
(e)
(1)
No adult shall be presumed to be in need of a guardian unless:
(A)
He or she has been adjudicated to be in need of a guardian pursuant to this chapter; or
(B)
The court has recognized another state's determination of incapacity and the appointment of a guardian as provided in subsection (g) of Code Section
29-11-21
.
(2)
An adult shall not be presumed to be in need of a guardian solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A)
Code Section
37-1-1
;
(B)
Code Sections
37-3-1
through
37-3-6
;
(C)
Articles 2 through 6 of Chapter 3 of Title 37;
(D)
Code Sections
37-4-1
through
37-4-3
and
37-4-5
through
37-4-8
;
(E)
Articles 2 through 5 of Chapter 4 of Title 37;
(F)
Code Section
37-5-3
;
(G)
Code Sections
37-7-1
,
37-7-2
, and
37-7-4
through
37-7-7
; and
(H)
Articles 2 through 6 of Chapter 7 of Title 37.
(f)
All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult's actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate.
Amended by 2019 Ga. Laws 233,§ 5, eff. 1/1/2020.
Former § 29-4-1 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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 1 - GENERAL PROVISIONS (§§ 29-4-1 — 29-4-3) › Section 29-4-2 - Qualifications of guardians selected for adults

(a)
Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Services is appointed pursuant to subsection (b.1) of Code Section
29-4-3
.
(b)
No individual may be appointed as guardian of an adult who:
(1)
Is a minor, a ward, or a protected person;
(2)
Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult's best interest; or
(3)
Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.
(c)
No entity may be appointed as guardian of an adult which:
(1)
Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult's best interest; or
(2)
Is a long-term care or other caregiving institution or facility at which the adult is receiving care.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
Former § 29-4-2 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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 2 - PROCEDURE FOR APPOINTMENT (§§ 29-4-10 — 29-4-18) › Section 29-4-13 - Requirements of order granting guardianship; service

(a)
The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting guardianship shall specify:
(1)
The name of the guardian and the basis for the selection;
(2)
Any powers retained by the ward pursuant to Code Section
29-4-21
;
(3)
The limitations on the guardianship;
(4)
A specific listing of any of the additional powers, as described in subsection (b) of Code Section
29-4-23
, that are granted to the guardian;
(5)
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 ward's support, care, education, health, and welfare, subject to modification by subsequent order of the court;
(6)
The type and frequency of any physical, mental, and social evaluations of the ward's condition which the court may require to supplement the reports submitted pursuant to paragraph (9) of subsection (a) of Code Section
29-4-22
; and
(7)
Such other and further provisions of the guardianship as the court shall determine to be in the best interest of the ward, stating the reasons therefor.
(b)
Service of the court's order shall be made by first-class mail upon the ward, the ward's legal counsel, the guardian ad litem, if any, the guardian, the petitioner, and other persons designated for service of the petition for guardianship.
(c)
After service of an order granting guardianship, the ward's legal counsel shall make reasonable efforts to explain to the ward the order and the ward's rights under the order.
Former § 29-4-13 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 2 - PROCEDURE FOR APPOINTMENT (§§ 29-4-10 — 29-4-18) › Section 29-4-16 - Conduct of emergency guardianship hearing; limitations on emergency guardianship

(a)
The court shall conduct the emergency guardianship hearing, at the time and date set forth in its order, to determine whether there is clear and convincing evidence of the need for an emergency guardianship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days.
(b)
If the court at the emergency hearing finds that an emergency guardianship is necessary, the court shall order the emergency guardianship; provided, however, that:
(1)
Any emergency guardian shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward;
(2)
The court may order the emergency guardian to make any report the court requires; and
(3)
The emergency guardianship shall terminate on the earliest of:
(A)
The court's removal of the emergency guardian, with or without cause;
(B)
The effective date of the appointment of a guardian;
(C)
Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a guardian;
(D)
The date specified for the termination in the order appointing the emergency guardian;
(E)
Sixty days from the date of appointment of the emergency guardian, provided that the court had jurisdiction to issue such order under paragraph (1) of Code Section
29-11-12
; or
(F)
Ninety days from the date of appointment of the emergency guardian, provided that the court had jurisdiction to issue such order under paragraph (2) or (3) of Code Section
29-11-12
.
Amended by 2019 Ga. Laws 233,§ 8, eff. 1/1/2020.
Former § 29-4-16 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 2 - PROCEDURE FOR APPOINTMENT (§§ 29-4-10 — 29-4-18) › Section 29-4-17 - [Repealed]

Repealed and reserved by 2019 Ga. Laws 233,§ 9, eff. 1/1/2020.
Added by 2006 Ga. Laws 766,§ 11, eff. 7/1/2006.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 3 - PROTECTION OF THE WARD (§§ 29-4-20 — 29-4-25) › Section 29-4-20 - Rights of the ward; impact on voting and testamentary capacity

(a)
In every guardianship, the ward has the right to:
(1)
A qualified guardian who acts in the best interest of the ward;
(2)
A guardian who is reasonably accessible to the ward;
(3)
Have the ward's property utilized to provide adequately for the ward's support, care, education, health, and welfare;
(4)
Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction;
(5)
Individually, or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter and Chapter 5 of this title and including the right to bring an action to modify or terminate the guardianship pursuant to the provisions of Code Sections
29-4-41
and
29-4-42
;
(6)
The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences; and
(7)
Be restored to capacity at the earliest possible time.
(b)
The appointment of a guardian is not a determination regarding the right of the ward to vote.
(c)
The appointment of a guardian is not a determination that the ward lacks testamentary capacity.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 3 - PROTECTION OF THE WARD (§§ 29-4-20 — 29-4-25) › Section 29-4-21 - Rights and privileges removed from ward upon appointment of guardian

(a)
Unless the court's order specifies that one or more of the following powers are to be retained by the ward, the appointment of a guardian shall remove from the ward the power to:
(1)
Contract marriage;
(2)
Make, modify, or terminate other contracts;
(3)
Consent to medical treatment;
(4)
Establish a residence or dwelling place;
(5)
Change domicile;
(6)
Revoke a revocable trust established by the ward; and
(7)
Bring or defend any action at law or equity, except an action relating to the guardianship.
(b)
The mere appointment of a guardian does not revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, a health care agent under an advance directive for health care, or a mental health care agent under a psychiatric advance directive.
Amended by 2022 Ga. Laws 836,§ 2-7, eff. 7/1/2022.
Amended by 2007 Ga. Laws 48,§ 9, eff. 7/1/2007.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 3 - PROTECTION OF THE WARD (§§ 29-4-20 — 29-4-25) › Section 29-4-23 - Powers and rights of guardian; appointment of guardian ad litem; coordination and cooperation with conservator or others

(a)
Unless inconsistent with the terms of any court order relating to the guardianship, a guardian may:
(1)
Take custody of the person of the ward and establish the ward's place of dwelling within this state;
(2)
Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consents or approvals that may be necessary for medical or other professional care, counsel, treatment, or service for the ward;
(3)
Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalf of the ward; and
(4)
Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare of the ward.
(b)
At the time of the appointment of the guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such notice, if any, as the court shall determine, provided that no disposition of the ward's property shall be made without the involvement of a conservator, if any:
(1)
To establish the ward's place of dwelling outside this state;
(2)
To change the jurisdiction of the guardianship to another county in this state that is the county of the ward's place of dwelling, pursuant to Code Section
29-4-80
;
(3)
To change the domicile of the ward to the ward's or the guardian's place of dwelling, in the determination of which the court shall consider the tax ramifications and succession and inheritance rights of the ward and other parties;
(4)
To bring an action for the divorce of the ward based on any of the grounds listed in Code Section
19-5-3
, except on the ground that the marriage is irretrievably broken;
(5)
To consent to the adoption of the ward;
(6)
To receive reasonable compensation from the estate of the ward for services rendered to the ward; and
(7)
If there is no conservator, to disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section
53-1-20
.
(c)
Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the ward.
(d)
In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the ward and the views of the conservator, if any, or, if there is no conservator, of others who have custody of the ward's property.
(e)
In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody of the ward's property.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 3 - PROTECTION OF THE WARD (§§ 29-4-20 — 29-4-25) › Section 29-4-24 - Disclosure of conflicts of interest

The guardian must promptly disclose any conflict of interest between the guardian and the ward 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 ward for the guardian to continue to serve.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 3 - PROTECTION OF THE WARD (§§ 29-4-20 — 29-4-25) › Section 29-4-25 - Oath or affirmation 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.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 4 - REQUIREMENT OF GUARDIAN (§ 29-4-30) › Section 29-4-30 - Bond; recording of bond; payment of bond premium

(a)
(1)
A guardian, including a guardian appointed in a final order accepting the transfer of a guardianship proceeding from another state issued under subsection (e) of Code Section
29-11-21
, may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.
(2)
With respect to a guardianship order from another state that has been registered with and recorded by the court under Code Section
29-11-30
, in addition to any action the court may take under paragraph (1) of this subsection or under subsection (b) of Code Section
29-11-32
, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section
29-11-4
to inform such appointing court of any action relating to a bond of such guardian, stating the reasons therefor.
(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 ward.
Amended by 2019 Ga. Laws 233,§ 10, 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.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 5 - REVIEW AND TERMINATION OF GUARDIANSHIP (§§ 29-4-40 — 29-4-43) › Section 29-4-40 - Inquiry into unjust denial of rights or privileges of ward

(a)
Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, if any, and the ward's conservator, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.
(b)
No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 5 - REVIEW AND TERMINATION OF GUARDIANSHIP (§§ 29-4-40 — 29-4-43) › Section 29-4-42 - Termination of guardianship; required evidence; burden of proof; return of property

(a)
Upon the petition of any interested person, including the ward, or upon the court's own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and property rights to the ward. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, if any, and the ward's conservator, if any. The court shall appoint legal counsel for the ward and may, in its discretion, appoint a guardian ad litem.
(b)
A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section
29-4-11
. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate.
(c)
In any proceeding under this Code section, the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the guardianship.
(d)
No petition for termination of a guardianship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the guardianship unless the petitioner shows a significant change in the condition or circumstances of the ward.
(e)
The death of the ward automatically terminates the guardianship, except as otherwise provided in Code Section
29-4-43
.
(f)
Upon termination of the guardianship, the guardian shall deliver any money or property to the ward or, if a conservator has been appointed for the ward, to that conservator or, if the ward is deceased, to the ward's personal representative.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 5 - REVIEW AND TERMINATION OF GUARDIANSHIP (§§ 29-4-40 — 29-4-43) › Section 29-4-43 - Petition of guardian for dismissal; order of dismissal

(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 Code Section
29-4-22
. 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. An order dismissing the guardian shall not bar an action against the 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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 6 - ALTERNATIVE OR SUCCESSOR GUARDIANS (§§ 29-4-50 — 29-4-55) › Section 29-4-50 - Resignation of guardian; required showing; alternative guardian; individuals entitled to notice; hearing

(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 serving 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 ward and the guardian or between the guardian and the conservator in respect of the guardian's care of the ward, which disagreement and conflict appear to be detrimental to the ward;
(4)
The resignation of the guardian will result in or permit substantial financial benefit to the ward; or
(5)
The resignation would not be disadvantageous to the ward.
(b)
The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.
(c)
The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward's legal counsel. Service shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian:
(1)
The spouse of the ward; and
(2)
All adult children of the ward; or
(3)
If there is no adult child, then at least two adults in the following order of priority:
(A)
Lineal descendants of the ward;
(B)
Parents and siblings of the ward; and
(C)
Friends of the ward.
(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
29-4-61
and accepting the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property of the ward held by the guardian.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Former § 29-4-50 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2002 Ga. Laws 773,§ 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 6 - ALTERNATIVE OR SUCCESSOR GUARDIANS (§§ 29-4-50 — 29-4-55) › Section 29-4-51 - Appointment of successor guardian; notice to interested individuals; hearing; order

(a)
In the event of the death of a guardian, and upon the petition of an interested person or on the court's own motion, the court shall appoint a successor guardian. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward's legal counsel. Notice shall be given by first-class mail to the conservator of the ward, if any, the personal representative of the deceased guardian, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1)
The spouse of the ward; and
(2)
All adult children of the ward; or
(3)
If there is no adult child, then at least two adults in the following order of priority:
(A)
Lineal descendants of the ward;
(B)
Parents and siblings of the ward; and
(C)
Friends of the ward.
(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
29-4-61
, requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the ward held by the guardian.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2002 Ga. Laws 773, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 6 - ALTERNATIVE OR SUCCESSOR GUARDIANS (§§ 29-4-50 — 29-4-55) › Section 29-4-52 - Revocation or suspension of guardianship; investigation; 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 a guardian 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 ward during the investigation.
(b)
Upon investigation, the court may, in the court's discretion:
(1)
Revoke or suspend the guardian's letters;
(2)
Require additional security;
(3)
Reduce or deny compensation to the guardian or impose any 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 against the guardian in the manner provided in Code Section
9-11-25
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2002 Ga. Laws 773, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 6 - ALTERNATIVE OR SUCCESSOR GUARDIANS (§§ 29-4-50 — 29-4-55) › Section 29-4-53 - Breach of fiduciary duty by guardian

(a)
If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate to:
(1)
Recover damages;
(2)
Compel performance of the guardian's duties;
(3)
Enjoin the commission of a breach of fiduciary duty; or
(4)
Compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b)
When the ward'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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2002 Ga. Laws 773, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 6 - ALTERNATIVE OR SUCCESSOR GUARDIANS (§§ 29-4-50 — 29-4-55) › Section 29-4-54 - 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 ward, except as provided in Code Section
9-3-90
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2002 Ga. Laws 773, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 6 - ALTERNATIVE OR SUCCESSOR GUARDIANS (§§ 29-4-50 — 29-4-55) › Section 29-4-55 - [Repealed]

Repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2002 Ga. Laws 773, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 7 - APPOINTMENT OF TEMPORARY AND SUCCESSOR GUARDIAN (§§ 29-4-60 — 29-4-62) › Section 29-4-60 - Appointment of temporary substitute guardian; period of service; service on ward; removal

(a)
Upon its own motion or on the petition of any interested party, including the ward, the court may appoint a temporary substitute guardian for a ward if it appears to the court that the best interest of the ward 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 ward.
(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.
(e)
Notice of the appointment of a temporary substitute guardian shall be served personally on the ward. 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 ward'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.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 7 - APPOINTMENT OF TEMPORARY AND SUCCESSOR GUARDIAN (§§ 29-4-60 — 29-4-62) › Section 29-4-61 - Appointment of successor guardian and legal counsel; notice to interested parties; hearing

(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 ward. The court shall select the successor guardian in the manner provided in Code Section
29-4-3
.
(b)
The court shall appoint legal counsel for the ward. 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
29-4-50
and
29-4-51
. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1)
The spouse of the ward; and
(2)
All adult children of the ward; or
(3)
If there is no adult child, then at least two adults in the following order of priority:
(A)
Lineal descendants of the ward;
(B)
Parents and siblings of the ward; and
(C)
Friends of the ward.
(c)
After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.
Amended by 2019 Ga. Laws 233,§ 11, 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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 7 - APPOINTMENT OF TEMPORARY AND SUCCESSOR GUARDIAN (§§ 29-4-60 — 29-4-62) › Section 29-4-62 - Delivery of property and final report from predecessor guardian

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 ward held by the guardian and shall submit a final status report covering the period since the guardian's last status report.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 8 - APPELLATE PROCEEDINGS (§ 29-4-70) › Section 29-4-70 - Right of ward to appeal; procedure; appointment of emergency guardian

(a)
Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward's legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence.
(b)
All rights of appeal from the superior court shall be as provided by law.
(c)
The filing of an appeal to the superior court from the judgment of the probate court shall act as a supersedeas.
(d)
Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section
15-9-120
may appoint an emergency guardian with such powers and duties as are described in Code Section
29-4-16
; provided, however, that an emergency guardian may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section
29-4-14
and after a hearing at which other evidence may be presented. The appointment of an emergency guardian is not appealable.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 9 - JURISDICTION (§§ 29-4-80 — 29-4-98) › Part 1 - GENERAL PROVISIONS (§ 29-4-80) › Section 29-4-80 - Removal to jurisdiction where ward resides; appointment of guardian ad litem; certification and transfer of records; scope of jurisdiction

(a)
A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the ward 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 ward. 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 ward.
(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 though the guardianship has been removed to another county.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 9 - JURISDICTION (§§ 29-4-80 — 29-4-98) › Part 2 - PROCEDURE (§ 29-4-85) › Section 29-4-85 - through 29-4-88 - Reserved

Reserved. Repealed by Ga. L. 2016, p. 563, § 2/HB 954, eff. 7/1/2016
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 9 - JURISDICTION (§§ 29-4-80 — 29-4-98) › Part 3 - TRANSFER (§ 29-4-90) › Section 29-4-90 - through 29-4-94 - Reserved

Reserved. Repealed by Ga. L. 2016, p. 563, § 2/HB 954, eff. 7/1/2016
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 9 - JURISDICTION (§§ 29-4-80 — 29-4-98) › Part 4 - FOREIGN GUARDIANS (§§ 29-4-95 — 29-4-98) › Section 29-4-95 - "Foreign guardian" defined; sale of ward's property

(a)
For purposes of this part, a "foreign guardian" is a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of an incapacitated adult referred to as the "ward" and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Article 3 of Chapter 11 of this title.
(b)
Any foreign guardian of a ward who resides in any other state and who is authorized to sell and convey property of the ward may sell property of the ward which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign guardian must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security in double the value of the property to be sold for the faithful execution of the guardianship as provided by law.
Amended by 2016 Ga. Laws 486,§ 4, eff. 7/1/2016.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 9 - JURISDICTION (§§ 29-4-80 — 29-4-98) › Part 4 - FOREIGN GUARDIANS (§§ 29-4-95 — 29-4-98) › Section 29-4-96 - Power to recover property

A foreign guardian may institute an action in any court in this state to enforce any right or to recover any property belonging to the ward or accruing to the foreign guardian as such.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 9 - JURISDICTION (§§ 29-4-80 — 29-4-98) › Part 4 - FOREIGN GUARDIANS (§§ 29-4-95 — 29-4-98) › Section 29-4-97 - Required filings with clerk of court

Pending an action brought by a foreign guardian pursuant to Code Section
29-4-96
, an authenticated copy of the letters of guardianship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers if the action is a summary proceeding.
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 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98) › Article 9 - JURISDICTION (§§ 29-4-80 — 29-4-98) › Part 4 - FOREIGN GUARDIANS (§§ 29-4-95 — 29-4-98) › Section 29-4-98 - Submission to jurisdiction; registration of guardianship order

(a)
A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by:
(1)
Receiving payment of money or taking delivery of personal property in this state belonging to the ward;
(2)
Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual; or
(3)
Registering the guardianship order in this state pursuant to Code Section
29-11-30
.
(b)
With respect to a guardianship order from another state that has been registered with and recorded by a court of this state under Code Section
29-11-30
, in addition to any action such court of this state may take under this part or under subsection (b) of Code Section
29-11-32
, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section
29-11-4
to inform such appointing court of any proceeding relating to the guardianship initiated in this state under subsection (a) of this Code section, stating the reasons therefor.
Amended by 2019 Ga. Laws 233,§ 12, eff. 1/1/2020.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.