Georgia Code
Article 2 - Procedure for Appointment
§ 29-4-10. Petition for Appointment of Guardian; Requirements for Petition

History. Code 1981, § 29-4-10 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2007, p. 133, § 8/HB 24; Ga. L. 2013, p. 884, § 1/HB 446; Ga. L. 2019, p. 693, § 6/HB 70; Ga. L. 2021, p. 151, § 14/HB 154; Ga. L. 2022, p. 611, § 2-6/HB 752.
The 2019 amendment, effective January 1, 2020, substituted the present provisions of subsection (a) for the former provisions, which read: “Any interested person or persons, including the proposed ward, may file a petition for the appointment of a guardian. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found, provided that the court of the county where the proposed ward is found shall not have jurisdiction to hear any guardianship petition if it appears that the proposed ward was removed to that county solely for the purposes of filing a petition for the appointment of a guardian.”
The 2021 amendment, effective July 1, 2021, added subsection (d).
The 2022 amendment, effective July 1, 2022, inserted “psychiatric advance directive,” in the middle of paragraph (b)(6).
Editor’s notes.
Ga. L. 2007, p. 133, § 1/HB 24, not codified by the General Assembly, provides: “(a) The General Assembly has long recognized the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to insist upon medical treatment, decline medical treatment, or direct that medical treatment be withdrawn. In order to secure these rights, the General Assembly has adopted and amended statutes recognizing the living will and health care agency and provided statutory forms for both documents.
“(b) The General Assembly has determined that the statutory forms for the living will and durable power of attorney for health care are confusing and inconsistent and that the statutes providing for the living will and health care agency contain conflicting concepts, inconsistent and out-of-date terminology, and confusing and inconsistent requirements for execution. In addition, there is a commendable trend among the states to combine the concepts of the living will and health care agency into a single legal document.
“(c) The General Assembly recognizes that a significant number of individuals representing the academic, medical, legislative, and legal communities, state officials, ethics scholars, and advocacy groups worked together to develop the advance directive for health care contained in this Act, and the collective intent was to create a form that uses understandable and everyday language in order to encourage more citizens of this state to execute advance directives for health care.
“(d) The General Assembly finds that the clear expression of an individual’s decisions regarding health care, whether made by the individual or an agent appointed by the individual, is of critical importance not only to citizens but also to the health care and legal communities, third parties, and families. In furtherance of these purposes, the General Assembly enacts a new Chapter 32 of Title 31, setting forth general principles governing the expression of decisions regarding health care and the appointment of a health care agent, as well as a form of advance directive for health care.”
Law reviews.
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 69 Mercer L. Rev. 341 (2017).

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