Georgia Code
Title 29 - Guardian and Ward

§ 29-2-6. Parental Consent to Temporary Guardianship; Failure to Consent; Minor’s Preference; Transfer to Juvenile Court - History. Code 1981, § 29-2-6 , enacted by Ga. L....

§ 29-2-7. Powers of Temporary Guardians; Medical Insurance Coverage for Minors - History. Code 1981, § 29-2-7 , enacted by Ga. L....

§ 29-2-8. Termination of Temporary Guardianship; Petition for Termination of Guardianship - History. Code 1981, § 29-2-8 , enacted by Ga. L....

Part 4 - Standby Guardians

§ 29-2-9. Definitions - As used in this part, the term: History. Code 1981,...

§ 29-2-10. Designation of Standby Guardian Pending Health Issue; Required Probate Court Filing; No Bond Required; Parental Obligation to Support Continues - History. Code 1981, § 29-2-10 , enacted by Ga. L....

§ 29-2-11. Designation in Writing; Requirements of Designation; Form - Click to view DESIGNATION OF STANDBY GUARDIAN (1) IDENTIFICATION OF...

§ 29-2-12. Revocation of Standby Guardianship Prior to and Subsequent to Health Determination - History. Code 1981, § 29-2-12 , enacted by Ga. L....

§ 29-2-13. Petition Seeking Temporary Guardianship; Automatic Termination of Standby Guardianship - History. Code 1981, § 29-2-13 , enacted by Ga. L....

Part 5 - Permanent Guardianship

§ 29-2-14. Power of Probate Court to Appoint Guardian - The probate court of the county in which a minor...

§ 29-2-15. “Biological Father” Defined; Notice of Petition for Appointment of Permanent Guardian; Protest of Father; Petition to Legitimate - History. Code 1981, § 29-2-15 , enacted by Ga. L....

§ 29-2-16. Individuals With Preference for Permanent Guardianship of Minor; Preference Not Controlling - History. Code 1981, § 29-2-16 , enacted by Ga. L....

§ 29-2-17. Petition for Appointment of Permanent Guardian; Requirements of Petition; Notice - History. Code 1981, § 29-2-17 , enacted by Ga. L....

§ 29-2-18. Hearing; Best Interest of the Child Standard - Upon the filing of a petition for the appointment of...

§ 29-2-19. Requirements of Order Granting Permanent Guardianship - An order granting permanent guardianship shall specify: History. Code 1981,...

Article 2 - Protection of Minor

§ 29-2-20. Rights of Minor; Impact on Testamentary Capacity - History. Code 1981, § 29-2-20 , enacted by Ga. L....

§ 29-2-21. Power of Guardian Over Minor; Obligations of Guardians; Liability of Guardian - History. Code 1981, § 29-2-21 , enacted by Ga. L....

§ 29-2-22. Authority of Guardian; Appointment of Guardian Ad Litem - History. Code 1981, § 29-2-22 , enacted by Ga. L....

§ 29-2-23. Conflicts of Interest - The guardian must disclose promptly any conflict of interest between...

§ 29-2-24. Oath Required of Guardian - Before entering upon the duties of the appointment, every guardian...

§ 29-2-25. Bond Requirements - History. Code 1981, § 29-2-25 , enacted by Ga. L....

Article 3 - Termination of Guardianship

§ 29-2-30. Circumstances When Guardianship Terminates; Delivery of Property - History. Code 1981, § 29-2-30 , enacted by Ga. L....

§ 29-2-31. Petition for Order Dismissing Guardian - History. Code 1981, § 29-2-31 , enacted by Ga. L....

Article 4 - Violations by Guardians

§ 29-2-40. Petition to Resign Guardianship; Requirements; Service; Hearing; Appointment of Successor Guardian - History. Code 1981, § 29-2-40 , enacted by Ga. L....

§ 29-2-41. Appointment of Successor Guardian - History. Code 1981, § 29-2-41 , enacted by Ga. L....

§ 29-2-42. Requirement of Guardian to Answer Charges Affecting Obligations as Guardian; Revocation of Guardianship; Impact on Other Proceedings - History. Code 1981, § 29-2-42 , enacted by Ga. L....

§ 29-2-43. Minor’s Cause of Action for Breach of Guardian’s Fiduciary Duties - History. Code 1981, § 29-2-43 , enacted by Ga. L....

§ 29-2-44. Statute of Limitations - All actions against a guardian, except on the guardian’s bond,...

Article 5 - Temporary Substitute Guardians

§ 29-2-50. Appointment of Temporary Substitute Guardian; Length of Service; Powers; Notice of Appointment; Application of Chapter - History. Code 1981, § 29-2-50 , enacted by Ga. L....

§ 29-2-51. Appointment of Successor Guardian; Notice; Preference to Selected Individuals; Order of Appointment - History. Code 1981, § 29-2-51 , enacted by Ga. L....

§ 29-2-52. Delivery of Property to Successor Guardian; Reporting Requirements - Upon the appointment of a successor guardian, the predecessor guardian...

Article 6 - Jurisdiction

Part 1 - General Provisions

§ 29-2-60. Petition for Jurisdiction Change; Retention of Jurisdiction for Limited Matters - History. Code 1981, § 29-2-60 , enacted by Ga. L....

Part 2 - Guardianship Appointed

§ 29-2-65. “Guardianship” Defined; Requirements of Petition for Transfer - History. Code 1981, § 29-2-65 , enacted by Ga. L....

§ 29-2-66. Notice to Minor and Foreign Court; Requirements of Notice; Notice to Others; Waiver of Notice Requirements - History. Code 1981, § 29-2-66 , enacted by Ga. L....

§ 29-2-67. Hearing on Petition for Receipt and Acceptance of Foreign Guardian; Stay of Proceedings Authorized if Protest - History. Code 1981, § 29-2-67 , enacted by Ga. L....

§ 29-2-68. Required Findings of Court Prior to Acceptance of Foreign Guardianship; Orderly Transfer; Right to Petition for Guardianship Remains - History. Code 1981, § 29-2-68 , enacted by Ga. L....

Part 3 - Transfer of Guardianship

§ 29-2-69. Minor’s Move to a Foreign Jurisdiction; Presumption of Permanent Move - History. Code 1981, § 29-2-69 , enacted by Ga. L....

§ 29-2-70. Petition to Transfer Guardianship - The petition to transfer a guardianship to a foreign jurisdiction...

§ 29-2-71. Notice; Requirements - History. Code 1981, § 29-2-71 , enacted by Ga. L....

§ 29-2-72. Hearing - On the court’s own motion or upon timely motion by...

§ 29-2-73. Required Finds Prior to Transfer of Guardianship; Power of Court; Orderly and Coordinated Transfer - History. Code 1981, § 29-2-73 , enacted by Ga. L....

Part 4 - Foreign Guardian

§ 29-2-74. “Foreign Guardian” Defined; Required Filings; Bond - History. Code 1981, § 29-2-74 , enacted by Ga. L....

§ 29-2-75. Right of Foreign Guardian to Bring Action to Enforce Rights of Minor - A foreign guardian may institute an action in any court...

§ 29-2-76. Filing of Authenticated Copy of Letters of Guardianship - Pending an action brought by a foreign guardian pursuant to...

§ 29-2-77. Submission to Jurisdiction by Foreign Guardian - A foreign guardian submits personally to the jurisdiction of the...

Chapter 3 - Conservators of Minors

Article 1 - Property

§ 29-3-1. “Personal Property” Defined; Natural Guardian or Next Friend Must Qualify as Conservator; Exception - History. Code 1981, § 29-3-1 , enacted by Ga. L....

§ 29-3-2. Release of Debtor When Collection Doubtful - The natural guardian of a minor who has no conservator...

§ 29-3-3. Definitions; Compromise of Claim; Settlement - (A) May compromise the claim; or (B) May receive payment...

§ 29-3-4. Disqualifications of Conservator - No person may be appointed or continue to serve as...

§ 29-3-5. Nomination of Testamentary Conservator; No Notice, Bond, or Security Required; Rights, Powers, and Duties - History. Code 1981, § 29-3-5 , enacted by Ga. L....

§ 29-3-6. Power to Appoint Conservator - History. Code 1981, § 29-3-6 , enacted by Ga. L....

§ 29-3-7. Preference Among Individuals for Appointment of Conservator; Court’s Ability to Ignore Preference for Best Interest of Minor - History. Code 1981, § 29-3-7 , enacted by Ga. L....

§ 29-3-8. Petition for Appointment of Conservator for Minor; Requirements of Petition; Notice - History. Code 1981, § 29-3-8 , enacted by Ga. L....

§ 29-3-9. Hearing - Upon the filing of a petition for the appointment of...

§ 29-3-10. Requirements of Order Granting Conservatorship; Required Filing of Certificate - History. Code 1981, § 29-3-10 , enacted by Ga. L....

Article 2 - Rights of Minor and Obligations of Conservator

§ 29-3-20. Rights of Minor; Effect on Testamentary Capacity - History. Code 1981, § 29-3-20 , enacted by Ga. L....

§ 29-3-21. Obligations of Conservator; Liability of Conservator - History. Code 1981, § 29-3-21 , enacted by Ga. L....

§ 29-3-22. Power of Conservator; Cooperation With Guardian of Minor - History. Code 1981, § 29-3-22 , enacted by Ga. L....

§ 29-3-23. Rights of Conservator to Property; Disclosure of Conflicts of Interest - History. Code 1981, § 29-3-23 , enacted by Ga. L....

§ 29-3-24. Oath of Conservator - Before entering upon the duties of the appointment, every conservator...

Article 3 - Property Obligations of Conservator

§ 29-3-30. Inventory of Minor’s Property; Plan for Managing, Expending, and Distributing Minor’s Property - History. Code 1981, § 29-3-30 , enacted by Ga. L....

§ 29-3-31. Retention of Property or Securities; Exchange or Conversion of Assets - History. Code 1981, § 29-3-31 , enacted by Ga. L....

§ 29-3-32. Investment of Funds - A conservator is authorized to invest estate funds in the...

§ 29-3-33. Investment in Securities; Open-End or Closed-End Management Type Investments; Conflicts of Interest - History. Code 1981, § 29-3-33 , enacted by Ga. L....

§ 29-3-34. Investment Decisions Must Coincide With Those of a Prudent Person; Acquiring and Retention of Assets - History. Code 1981, § 29-3-34 , enacted by Ga. L....

§ 29-3-35. Sale of Perishable Property of Minor; Sale of Stock; Disposition of Other Property; Appointment of Guardian Ad Litem; Full Return to Court Required; Authority of Temporary Substitute Conservator - History. Code 1981, § 29-3-35 , enacted by Ga. L....

§ 29-3-36. Estate Plan for Minor; Appointment of Guardian Ad Litem; Considerations Prior to Property Transfer - History. Code 1981, § 29-3-36 , enacted by Ga. L....

Article 4 - Bonding of Conservators

§ 29-3-40. Bond Required; Exception; Recording of Bonds - History. Code 1981, § 29-3-40 , enacted by Ga. L....

§ 29-3-41. Requirements of Bond; Term and Value of Bond; Appointment Without Bond; Substantial Compliance Sufficient - History. Code 1981, § 29-3-41 , enacted by Ga. L....

§ 29-3-42. Reduction of Bond - If the value of the minor’s bonded estate decreases, the...

§ 29-3-43. Requirement of Additional Bond; Notice in Event of Sureties Deficiencies; Revocation of Letters of Conservatorship - the court shall give notice to the conservator to appear...

§ 29-3-44. Payment of Bond Premium - History. Code 1981, § 29-3-44 , enacted by Ga. L....

§ 29-3-45. Responsibility of Surety in Event Appointment of Conservator Void - If the appointment of a conservator for any cause is...

§ 29-3-46. Joint and Several Obligation - The conservator and any surety shall be held and deemed...

§ 29-3-47. Levy Upon Property Authorized; Writ of Execution Authorized - History. Code 1981, § 29-3-47 , enacted by Ga. L....

§ 29-3-48. Levy Upon Surety Then Conservator - In all cases of judgments recovered against a conservator or...

§ 29-3-49. Petition for Release From Surety Obligation; Order of Discharge; Appointment and Liability of New Surety; Accounting Requirement - History. Code 1981, § 29-3-49 , enacted by Ga. L....

Article 5 - Compensation of Conservators

§ 29-3-50. Amount of Compensation Conservator Owed; Compensation to Multiple Conservators; Failure to Make Annual Returns Results in Forfeiture; Renouncing of Compensation - History. Code 1981, § 29-3-50 , enacted by Ga. L....

§ 29-3-51. Allowance for Reasonable Expenses - Conservators shall be allowed reasonable expenses incurred in the administration...

§ 29-3-52. Petition for Larger Compensation; Procedural Requirements - History. Code 1981, § 29-3-52 , enacted by Ga. L....

§ 29-3-53. Compensation From Corporation or Business Enterprise; Effect of Compensation; Purpose of Provisions - History. Code 1981, § 29-3-53 , enacted by Ga. L....

§ 29-3-54. Compensation of Temporary Substitute Conservator; Reduction of Conservator’s Compensation - A temporary substitute conservator may apply to the court for...

Article 6 - Accounting for Assets

§ 29-3-60. Annual Filing of Verified Return; Change of Reporting Period; Production of Documents; Effect of Failure to File Return - History. Code 1981, § 29-3-60 , enacted by Ga. L....

§ 29-3-61. Interim Settlement of Accounts; Reporting and Requirements of Report; Procedure for Objecting - History. Code 1981, § 29-3-61 , enacted by Ga. L....

§ 29-3-62. Objections to Conservator’s Interim Settlement of Accounts; Hearing - Any interested person may file an objection to the conservator’s...

§ 29-3-63. Judgment Against Conservator and Surety - If the court finds that the conservator is liable to...

§ 29-3-64. Termination of Conservatorship - History. Code 1981, § 29-3-64 , enacted by Ga. L....

Article 7 - Termination of Conservatorship

§ 29-3-70. Petition for Order of Dismissal of Conservatorship; Final Return; Notice; Order of Dismissal - History. Code 1981, § 29-3-70 , enacted by Ga. L....

§ 29-3-71. Final Settlements; Settlement Period; Examination of Returns and Accounts by Court; Return of Property to Minor - History. Code 1981, § 29-3-71 , enacted by Ga. L....

Article 8 - Successor Conservators

§ 29-3-80. Required Showing for Resignation of Conservator; Name of Suitable Alternate Required; Notice; Order Appointing Successor Conservator - History. Code 1981, § 29-3-80 , enacted by Ga. L....

§ 29-3-81. Individuals Entitled to Notice; Appointment of Successor Conservator; Turning Over of Property - History. Code 1981, § 29-3-81 , enacted by Ga. L....

§ 29-3-82. Suspension of Conservatorship or Imposition of Sanctions; Power of Court; Liability of Conservator - History. Code 1981, § 29-3-82 , enacted by Ga. L....

§ 29-3-83. Cause of Action for Breach of Conservator’s Duties; Remedies Available to Minor - History. Code 1981, § 29-3-83 , enacted by Ga. L....

§ 29-3-84. Statute of Limitations - All actions against a conservator, except on a conservator’s bond,...

Article 9 - Temporary Substitute Conservators

§ 29-3-90. Appointment of Temporary Substitute Conservator; Length of Appointment; Powers; Notice; Removal - History. Code 1981, § 29-3-90 , enacted by Ga. L....

§ 29-3-91. Appointment of Successor Conservator; Notice; Hearing and Bond Requirements - History. Code 1981, § 29-3-91 , enacted by Ga. L....

§ 29-3-92. Delivery of Property; Annual Return; Liability of Surety - Upon the appointment of a successor conservator, the predecessor conservator...

Article 10 - Foreign Conservatorships

Part 1 - General Provisions

§ 29-3-100. Petition for Removal to Jurisdiction Where Minor Resides; Appointment of Guardian Ad Litem; Bond; Authority; Liability of Surety; Retention of Jurisdiction by Initial Court - History. Code 1981, § 29-3-100 , enacted by Ga. L....

Part 2 - Procedure

§ 29-3-105. “Conservatorship” Defined; Petition for Transfer of Jurisdiction; Requirements of Petition - History. Code 1981, § 29-3-105 , enacted by Ga. L....

§ 29-3-106. Notice and Other Procedural Requirements - History. Code 1981, § 29-3-106 , enacted by Ga. L....

§ 29-3-107. Hearing - History. Code 1981, § 29-3-107 , enacted by Ga. L....

§ 29-3-108. Required Findings Prior to Granting Foreign Conservatorship; Inventory; Applicable Law; Orderly Transfer - History. Code 1981, § 29-3-108 , enacted by Ga. L....

Part 3 - Jurisdiction

§ 29-3-110. Transfer of Jurisdiction in Event Minor Has Permanently Moved; Determining Minor’s Residential Status; Filings - History. Code 1981, § 29-3-110 , enacted by Ga. L....

§ 29-3-111. Requirements of Petition to Transfer Conservatorship - The petition to transfer a conservatorship to a foreign jurisdiction...

§ 29-3-112. Notice - History. Code 1981, § 29-3-112 , enacted by Ga. L....

§ 29-3-113. Hearing - Upon the court’s own motion or upon timely motion by...

§ 29-3-114. Required Findings Prior to Granting Petition to Transfer; Orderly and Coordinated Transfer of Conservatorship - History. Code 1981, § 29-3-114 , enacted by Ga. L....

Part 4 - Foreign Conservator

§ 29-3-115. “Foreign Conservator” Defined; Sale of Minor’s Property - History. Code 1981, § 29-3-115 , enacted by Ga. L....

§ 29-3-116. Right of Foreign Conservator to Bring Action - A foreign conservator may institute an action in any court...

§ 29-3-117. Filing of Letters of Conservatorship - Pending an action brought by a foreign conservator pursuant to...

§ 29-3-118. Submission of Foreign Conservator to Jurisdiction - A foreign conservator submits personally to the jurisdiction of the...

§ 29-3-119. Rights of Interested Parties Prior to Sale of Minor’s Assets - Any resident of this state who is interested as a...

§ 29-3-120. Payment of Funds or Return of Property to Foreign Conservator on Minor’s Behalf - History. Code 1981, § 29-3-120 , enacted by Ga. L....

Chapter 4 - Guardians of Adults

Article 1 - General Provisions

§ 29-4-1. Prerequisite Findings Prior to Appointment of Guardian for Adult; Extent of Guardianship - History. Code 1981, § 29-4-1 , enacted by Ga. L....

§ 29-4-2. Qualifications of Guardians Selected for Adults - History. Code 1981, § 29-4-2 , enacted by Ga. L....

§ 29-4-3. Order of Preference in Selection of Guardians; Written Request Nominating Guardian; Requirements of Writing - (b.1) If no other person is available to serve as...

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....

§ 29-4-11. Prerequisite Judicial Finding of Probable Cause; Notice; Petition; Evaluations; Reporting Requirements - History. Code 1981, § 29-4-11 , enacted by Ga. L....

§ 29-4-12. Judicial Review of Pleadings and Evaluation Report; Findings; Hearing - History. Code 1981, § 29-4-12 , enacted by Ga. L....

§ 29-4-13. Requirements of Order Granting Guardianship; Service - History. Code 1981, § 29-4-13 , enacted by Ga. L....

§ 29-4-14. Petition for Appointment of Emergency Guardian; Requirements of Petition - History. Code 1981, § 29-4-14 , enacted by Ga. L....

§ 29-4-15. Prerequisite Findings Prior to Appointment of Emergency Guardian; Evaluation; Notice; Hearing - History. Code 1981, § 29-4-15 , enacted by Ga. L....

§ 29-4-16. Conduct of Emergency Guardianship Hearing; Limitations on Emergency Guardianship - History. Code 1981, § 29-4-16 , enacted by Ga. L....

§ 29-4-18. Temporary Medical Consent Guardianship - History. Code 1981, § 29-4-18 , enacted by Ga. L....

Article 3 - Protection of the Ward

§ 29-4-20. Rights of the Ward; Impact on Voting and Testamentary Capacity - History. Code 1981, § 29-4-20 , enacted by Ga. L....

§ 29-4-21. Rights and Privileges Removed From Ward Upon Appointment of Guardian - History. Code 1981, § 29-4-21 , enacted by Ga. L....

§ 29-4-22. Decisions on Ward’s Well-Being; Obligations of Guardian; Liability of Guardian - History. Code 1981, § 29-4-22 , enacted by Ga. L....

§ 29-4-23. Powers and Rights of Guardian; Appointment of Guardian Ad Litem; Coordination and Cooperation With Conservator or Others - History. Code 1981, § 29-4-23 , enacted by Ga. L....

§ 29-4-24. Disclosure of Conflicts of Interest - The guardian must promptly disclose any conflict of interest between...

§ 29-4-25. Oath or Affirmation of Guardian - Before entering upon the duties of the appointment, every guardian...

Article 4 - Requirement of Guardian

§ 29-4-30. Bond; Recording of Bond; Payment of Bond Premium - History. Code 1981, § 29-4-30 , enacted by Ga. L....

Article 5 - Review and Termination of Guardianship

§ 29-4-40. Inquiry Into Unjust Denial of Rights or Privileges of Ward - History. Code 1981, § 29-4-40 , enacted by Ga. L....

§ 29-4-41. Modification of Guardianship - History. Code 1981, § 29-4-41 , enacted by Ga. L....

§ 29-4-42. Termination of Guardianship; Required Evidence; Burden of Proof; Return of Property - History. Code 1981, § 29-4-42 , enacted by Ga. L....

§ 29-4-43. Petition of Guardian for Dismissal; Order of Dismissal - History. Code 1981, § 29-4-43 , enacted by Ga. L....

Article 6 - Alternative or Successor Guardians

§ 29-4-50. Resignation of Guardian; Required Showing; Alternative Guardian; Individuals Entitled to Notice; Hearing - History. Code 1981, § 29-4-50 , enacted by Ga. L....

§ 29-4-51. Appointment of Successor Guardian; Notice to Interested Individuals; Hearing; Order - History. Code 1981, § 29-4-51 , enacted by Ga. L....

§ 29-4-52. Revocation or Suspension of Guardianship; Investigation; Impact on Other Proceedings - History. Code 1981, § 29-4-52 , enacted by Ga. L....

§ 29-4-53. Breach of Fiduciary Duty by Guardian - History. Code 1981, § 29-4-53 , enacted by Ga. L....

§ 29-4-54. Statute of Limitations - All actions against a guardian, except on the guardian’s bond,...

Article 7 - Temporary Substitute Guardians

§ 29-4-60. Appointment of Temporary Substitute Guardian; Period of Service; Service on Ward; Removal - History. Code 1981, § 29-4-60 , enacted by Ga. L....

§ 29-4-61. Appointment of Successor Guardian and Legal Counsel; Notice to Interested Parties; Hearing - History. Code 1981, § 29-4-61 , enacted by Ga. L....

§ 29-4-62. Delivery of Property and Final Report From Predecessor Guardian - Upon the appointment of a successor guardian, the predecessor guardian...

Article 8 - Appellate Proceedings

§ 29-4-70. Right of Ward to Appeal; Procedure; Appointment of Emergency Guardian - History. Code 1981, § 29-4-70 , enacted by Ga. L....

Article 9 - Jurisdiction

Part 1 - General Provisions

§ 29-4-80. Removal to Jurisdiction Where Ward Resides; Appointment of Guardian Ad Litem; Certification and Transfer of Records; Scope of Jurisdiction - History. Code 1981, § 29-4-80 , enacted by Ga. L....

Part 4 - Rights and Responsibilities of Foreign Guardians

§ 29-4-95. “Foreign Guardian” Defined; Sale of Ward’s Property - History. Code 1981, § 29-4-95 , enacted by Ga. L....

§ 29-4-96. Power to Recover Property - A foreign guardian may institute an action in any court...

§ 29-4-97. Required Filings With Clerk of Court - Pending an action brought by a foreign guardian pursuant to...

§ 29-4-98. Submission to Jurisdiction; Registration of Guardianship Order - History. Code 1981, § 29-4-98 , enacted by Ga. L....

Chapter 5 - Conservators of Adults

Article 1 - Conservators

§ 29-5-1. Conservator for Adults; Best Interest of the Adult; No Presumption of Need for Conservator; Objective of Conservatorship - History. Code 1981, § 29-5-1 , enacted by Ga. L....

§ 29-5-2. Qualifications of Conservator of Adult - No person may be appointed or continue to serve as...

§ 29-5-3. Order of Preference in Selecting Conservator; Nomination of Individual to Serve as Conservator; Requirements of Nomination - History. Code 1981, § 29-5-3 , enacted by Ga. L....

§ 29-5-4. Affidavit on Property or Value of Estate; Payment, Transfer, or Delivery Pursuant to Affidavit - any person or corporation indebted to or holding personal property...

Article 2 - Petition for Appointed Conservator

§ 29-5-10. Petition for Appointment of Conservator; Requirements of Petition - History. Code 1981, § 29-5-10 , enacted by Ga. L....

§ 29-5-11. Prerequisite Finding Prior to Appointment of Conservator; Notice; Evaluation; Written Report - History. Code 1981, § 29-5-11 , enacted by Ga. L....

§ 29-5-12. Judicial Review and Proceedings - History. Code 1981, § 29-5-12 , enacted by Ga. L....

§ 29-5-13. Requirements of Order Granting Conservatorship; Service; Obligation of Legal Counsel; Filing of Certificate of Conservatorship With Court - History. Code 1981, § 29-5-13 , enacted by Ga. L....

§ 29-5-14. Appointment of Emergency Conservator; Requirements of Petition - History. Code 1981, § 29-5-14 , enacted by Ga. L....

§ 29-5-15. Review of Petition; Dismissal; Requirements of Court Upon Finding Need for Emergency Conservator - History. Code 1981, § 29-5-15 , enacted by Ga. L....

§ 29-5-16. Emergency Conservatorship Hearing; Limitations on Powers of Emergency Conservator - History. Code 1981, § 29-5-16 , enacted by Ga. L....

Article 3 - Rights and Responsibilities of Ward

§ 29-5-20. Rights of Adult Ward; Impact on Right to Vote or Testamentary Capacity - History. Code 1981, § 29-5-20 , enacted by Ga. L....

§ 29-5-21. Rights and Powers Removed From Ward - History. Code 1981, § 29-5-21 , enacted by Ga. L....

§ 29-5-22. Obligations and Liabilities of Conservator - History. Code 1981, § 29-5-22 , enacted by Ga. L....

§ 29-5-23. Authority of Conservator; Cooperation With Guardian or Other Interested Parties - History. Code 1981, § 29-5-23 , enacted by Ga. L....

§ 29-5-24. Forfeiture of Rights by Conservator; Disclosure of Conflicts by Conservator; Transactions Presenting Substantial Conflict in Interests - History. Code 1981, § 29-5-24 , enacted by Ga. L....

§ 29-5-25. Oath or Affirmation Required of Conservator - Before entering upon the duties of the appointment, every conservator...

Article 4 - Protection of Property Interests

§ 29-5-30. Inventory and Plan for Handling Ward’s Property - History. Code 1981, § 29-5-30 , enacted by Ga. L....

§ 29-5-31. Retention of Property; Exchange or Conversion of Stocks or Securities - History. Code 1981, § 29-5-31 , enacted by Ga. L....

§ 29-5-32. Investment of Estate Funds by Conservator - A conservator is authorized to invest estate funds in the...

§ 29-5-33. Holding of Investments; Corporate Fiduciaries - History. Code 1981, § 29-5-33 , enacted by Ga. L....

§ 29-5-34. Prudence Required From Conservator in Making Investments; Acquisition and Retention of Property - History. Code 1981, § 29-5-34 , enacted by Ga. L....

§ 29-5-35. Sale of Perishable Property; Sale of Other Properties; Disposal of Other Properties; Accounting for Proceeds; Authority of Emergency or Temporary Substitute Conservator - History. Code 1981, § 29-5-35 , enacted by Ga. L....

§ 29-5-36. Development of Estate Plan for Ward; Appointment of Guardian Ad Litem Prior to Implementation of Plan - History. Code 1981, § 29-5-36 , enacted by Ga. L....

Article 5 - Conservator’s Bond and Other Obligations

§ 29-5-40. Bond Requirement; Exception to Requirement; Recording - History. Code 1981, § 29-5-40 , enacted by Ga. L....

§ 29-5-41. Terms of Conservator’s Bond; Timing; Value; Substantial Compliance Sufficient - History. Code 1981, § 29-5-41 , enacted by Ga. L....

§ 29-5-42. Reduction in Bond - If the value of the ward’s bonded estate decreases, the...

§ 29-5-43. Requirement of Additional Bond or Security - the court shall give notice to the conservator to appear...

§ 29-5-44. Payment of Bond Premium - History. Code 1981, § 29-5-44 , enacted by Ga. L....

§ 29-5-45. Liability of Surety in Event Conservatorship Is Void - If the appointment of a conservator for any cause is...

§ 29-5-46. Joint and Several Liability of Conservator and Surety - The conservator and any surety shall be held and deemed...

§ 29-5-47. Levy Upon Property; Writs of Execution - History. Code 1981, § 29-5-47 , enacted by Ga. L....

§ 29-5-48. Order of Levy Against Property - In all cases of judgments recovered against a conservator or...

§ 29-5-49. Discharge of Surety From Obligations Under Bond; Reporting - History. Code 1981, § 29-5-49 , enacted by Ga. L....

§ 29-5-49.1. Communication With Other States on Conservatorship - With respect to a conservatorship order from another state that...

Article 6 - Compensation of Conservators

§ 29-5-50. Determining Compensation of Conservator; Failure to File Annual Returns Results in Forfeiture of Commission - History. Code 1981, § 29-5-50 , enacted by Ga. L....

§ 29-5-51. Reimbursement for Reasonable Expenses - Conservators shall be allowed reasonable expenses incurred in the administration...

§ 29-5-52. Petition for Additional Compensation by Conservator - History. Code 1981, § 29-5-52 , enacted by Ga. L....

§ 29-5-53. Compensation From Corporation or Other Business Entity - History. Code 1981, § 29-5-53 , enacted by Ga. L....

§ 29-5-54. Application for Compensation by Emergency or Temporary Substitute Conservator; Reduction of Compensation to Conservator - An emergency conservator or temporary substitute conservator may apply to...

Article 7 - Return and Settlement of Accounts

§ 29-5-60. Verified Return Required Annually; Change of Reporting Period; Production of Documents; Failure to File Return - History. Code 1981, § 29-5-60 , enacted by Ga. L....

§ 29-5-61. Interim Settlement of Accounts - History. Code 1981, § 29-5-61 , enacted by Ga. L....

§ 29-5-62. Objection and Hearings on Interim Settlement Issues - Any interested person may file an objection to the conservator’s...

§ 29-5-63. Judgments Against Conservator and Surety - If the court finds that the conservator is liable to...

Article 8 - Modification and Termination of Conservatorship

§ 29-5-70. Proceedings When Allegations That Ward Denied Right or Privilege - History. Code 1981, § 29-5-70 , enacted by Ga. L....

§ 29-5-71. Modification of Conservatorship; Contents of Petition for Modification; Burden of Proof - History. Code 1981, § 29-5-71 , enacted by Ga. L....

§ 29-5-72. Termination of Conservatorship; Required Evidence to Support; Burden of Proof; Death of Ward - History. Code 1981, § 29-5-72 , enacted by Ga. L....

Article 9 - Dismissal of Conservator

§ 29-5-80. Petition for Dismissal of Conservator; Final Return; Notice; Order Dismissing Conservator - History. Code 1981, § 29-5-80 , enacted by Ga. L....

§ 29-5-81. Final Settlement; Appearance by Ward or Successor Conservator; Return of Property - History. Code 1981, § 29-5-81 , enacted by Ga. L....

Article 10 - Removal of Conservator for Other Reasons

§ 29-5-90. Resignation of Conservator; Requirement of Petition; Alternative Conservator; Notice to Interested Individuals; Order of Appointment of Successor Conservator - History. Code 1981, § 29-5-90 , enacted by Ga. L....

§ 29-5-91. Death of Conservator; Notice to Interested Individuals; Order Appointing Successor Conservator - History. Code 1981, § 29-5-91 , enacted by Ga. L....

§ 29-5-92. Conservator Required to Answer Charges; Authority of Court; Effect on Other Proceedings - History. Code 1981, § 29-5-92 , enacted by Ga. L....

§ 29-5-93. Cause of Action for Breach of Fiduciary Duty - History. Code 1981, § 29-5-93 , enacted by Ga. L....

§ 29-5-94. Statute of Limitations - All actions against a conservator, except on a conservator’s bond,...

Article 11 - Temporary Substitute Conservator

§ 29-5-100. Appointment of Temporary Substitute Conservator; Period of Service; Powers and Authority; Notice; Removal - History. Code 1981, § 29-5-100 , enacted by Ga. L....

§ 29-5-101. Appointment of Successor Conservators; Appointment of Legal Counsel; Notice to Interested Individuals; Order Appointing Successor Conservator - History. Code 1981, § 29-5-101 , enacted by Ga. L....

§ 29-5-102. Delivery of Property by Predecessor Conservator to Successor Conservator; Final Return - Upon the appointment of a successor conservator, the predecessor conservator...

Article 12 - Appellate Proceedings

§ 29-5-110. Proceedings for Appeal; Appointment of Guardians Ad Litem; Bond and Security Prior to Removal; Liability of Surety of Predecessor Conservator; Jurisdiction - History. Code 1981, § 29-5-110 , enacted by Ga. L....

Article 13 - Foreign Conservators

Part 1 - Removal of Conservators

§ 29-5-120. Petition for Removal; Prerequisites - History. Code 1981, § 29-5-120 , enacted by Ga. L....

Part 4 - Foreign Conservatorships

§ 29-5-135. “Foreign Conservator” Defined; Sale or Disposal of Property - History. Code 1981, § 29-5-135 , enacted by Ga. L....

§ 29-5-136. Conservator’s Power to Bring Suit - A foreign conservator may institute an action in any court...

§ 29-5-137. Filing of Letters of Conservatorship With Court - Pending an action brought by a foreign conservator pursuant to...

§ 29-5-138. Submission to Jurisdiction Personally of Foreign Conservator; Registration of Conservatorship - History. Code 1981, § 29-5-138 , enacted by Ga. L....

§ 29-5-139. Interested Parties’ Right to Compel Foreign Conservator to Act With Equity and Good Conscience; Court’s Communication With Appointing Foreign Court - History. Code 1981, § 29-5-139 , enacted by Ga. L....

§ 29-5-140. Payments to Foreign Conservator on Debts or Return of Property Belonging to Ward - History. Code 1981, § 29-5-140 , enacted by Ga. L....

Chapter 6 - Judges of Probate Courts as Custodians of Certain Funds

§ 29-6-1. Judges of Probate Courts as Custodians of Certain Funds; Authority to Collect Debts - The judges of the probate courts are, in their discretion,...

§ 29-6-2. Employment of Counsel; Payment of Counsel’s Fees - The judge of the probate court is authorized, in the...

§ 29-6-3. Record-Keeping Requirements of Probate Judge - It shall be the duty of the judge of the...

§ 29-6-4. Expenditure of Minor’s Funds - The judge of the probate court who, pursuant to Code...

§ 29-6-5. Ordering of Conservatorship - In appropriate cases, the judge of the probate court who...

§ 29-6-6. Requirement to Deposit Excess Funds in Fdic Insured Account - When any funds due and owing a minor or adult...

§ 29-6-7. Compensation of Judges - The judges of the probate courts shall receive as compensation...

§ 29-6-8. Bonding Requirements - Judges of the probate courts shall be held accountable on...

§ 29-6-9. Circumstances Under Which Custodial Property Shall Be Returned - The judge shall turn over all custodial property held pursuant...

Chapter 7 - Veterans Affairs Guardians

§ 29-7-1. Definitions - As used in this chapter, the term: History. Code 1981,...

§ 29-7-2. Involvement of Secretary in Proceedings for Appointment or Discharge of Va Guardian; Jurisdiction; Notification to United States Department of Veterans Affairs - History. Code 1981, § 29-7-2 , enacted by Ga. L....

§ 29-7-3. Requirement of Secretary That Guardian Be Appointed - Whenever, pursuant to any law of the United States or...

§ 29-7-4. Prima-Facie Evidence of Necessity for Appointment of Va Guardian - Where a petition is filed for the appointment of a...

§ 29-7-5. Appointment of Va Guardians for Minors - Where a petition is filed for the appointment of a...

§ 29-7-6. Notice - Upon a petition for the appointment of a VA guardian,...

§ 29-7-7. Petitioning for Appointment of Va Guardian; Requirements of Petitions; Preferences for Appointment - History. Code 1981, § 29-7-7 , enacted by Ga. L....

§ 29-7-8. Qualifications of Va Guardian - Before making an appointment under this chapter, the court hearing...

§ 29-7-9. Individuals or Entities Eligible to Serve as Va Guardians; Discharge or Guardian; Requirements Pending Discharge - History. Code 1981, § 29-7-9 , enacted by Ga. L....

§ 29-7-10. Bond Requirements; Discharge of Surety on Bond - History. Code 1981, § 29-7-10 , enacted by Ga. L....

§ 29-7-11. Investment of Surplus Funds - Every VA guardian shall invest the surplus funds of the...

§ 29-7-12. Expenditure of Ward’s Estate; Insurance; Title to New Property - History. Code 1981, § 29-7-12 , enacted by Ga. L....

§ 29-7-13. Annual Accounting Requirements - Every VA guardian shall file with the court annually, in...

§ 29-7-14. Failure to File an Annual Accounting - If any VA guardian fails to file the accounting required...

§ 29-7-15. Compensation for Guardian; Reimbursement for Premium on Bond - History. Code 1981, § 29-7-15 , enacted by Ga. L....

§ 29-7-16. Discharge of Va Guardian; Role of County Guardian - History. Code 1981, § 29-7-16 , enacted by Ga. L....

§ 29-7-17. Application of Other Laws; Right to Appeal - Except where inconsistent with this chapter, the general guardianship and...

§ 29-7-18. Construction - This chapter shall be construed liberally to secure the beneficial...

Chapter 8 - County Guardians

§ 29-8-1. County Administrators as Ex Officio County Guardians - County administrators as provided for in Article 5 of Chapter...

§ 29-8-2. Bond Requirements - In addition to the bond required in Code Section 53-6-41,...

§ 29-8-3. Letters of Guardianship or Conservatorship; Liability and Rights of County Guardian - The court shall grant to the county guardian separate letters...

§ 29-8-4. Additional Security on Bond - History. Code 1981, § 29-8-4 , enacted by Ga. L....

§ 29-8-5. Revocation of Letters of Guardianship or Conservatorship or Other Court Orders Necessary for Good of Ward - The court may, for good cause shown, as provided in...

Chapter 9 - Court Proceedings

§ 29-9-1. Application of Chapter - Except as otherwise specifically provided by law, the provisions of...

§ 29-9-2. Appointment of Guardian Ad Litem; Representation of Persons Not Sui Juris; Limited Appointment; Identification of Parties in All Petitions; Authority of Conservator or Guardian to Act; Ineligibility of Appointed Counsel to Be Appointed Guar... - History. Code 1981, § 29-9-2 , enacted by Ga. L....

§ 29-9-3. Assessment of Costs, Compensation, Fees, and Expenses; Factors; Enforcement; Abuse, Neglect, or Exploitation - History. Code 1981, § 29-9-3 , enacted by Ga. L....

§ 29-9-4. Personal Service; Procedure - History. Code 1981, § 29-9-4 , enacted by Ga. L....

§ 29-9-5. Service Upon Current Residence Addresses; Service by Publication - History. Code 1981, § 29-9-5 , enacted by Ga. L....

§ 29-9-6. Service Upon Conservator or Guardian - If one or more unsuccessful attempts at personal service are...

§ 29-9-7. Judge’s Discretion on Notice, Service, and Additional Time for Proceedings; Additional Notice Requirements for Persons Residing in Another State - History. Code 1981, § 29-9-7 , enacted by Ga. L....

§ 29-9-8. Waiver of Service or Notice; Written Consent - History. Code 1981, § 29-9-8 , enacted by Ga. L....

§ 29-9-9. Oaths, Affirmations, and Affidavits - An oath or affirmation or affidavit required or allowed to...

§ 29-9-10. Oath by Department Delegate - When appointed pursuant to subsection (b.1) of Code Section 29-4-3,...

§ 29-9-11. Verification of Petitions and Returns; Consolidation and Transfer of Proceedings - History. Code 1981, § 29-9-11 , enacted by Ga. L....

§ 29-9-12. Issuance of Citations - History. Code 1981, § 29-9-12 , enacted by Ga. L....

§ 29-9-13. Satisfaction of Requirements of Authentication or Exemplification - History. Code 1981, § 29-9-13 , enacted by Ga. L....

§ 29-9-13.1. Authentication of Documents - Whenever it is required that a document that is to...

§ 29-9-14. Court Ordered Hearings - The court on its own motion may order a hearing...

§ 29-9-15. Compensation for Legal Counsel or Guardian Ad Litem - History. Code 1981, § 29-9-15 , enacted by Ga. L....

§ 29-9-16. Compensation to Physicians, Psychologists, or Licensed Clinical Social Workers - History. Code 1981, § 29-9-16 , enacted by Ga. L....

§ 29-9-17. Court Ordered Instruction for Conservator or Guardian - At the time of appointment and at any time throughout...

§ 29-9-18. Sealing of Records on Conservatorship or Guardianship - History. Code 1981, § 29-9-18 , enacted by Ga. L....

§ 29-9-19. Petitioner for Guardian or Conservator to Submit to Criminal History Records Check - History. Code 1981, § 29-9-19 , enacted by Ga. L....

Chapter 10 - Public Guardians

§ 29-10-1. “Public Guardian” Defined - As used in this chapter, the term “public guardian” means...

§ 29-10-2. Oath of Guardianship - When appointed pursuant to subsection (b.1) of Code Section 29-4-3,...

§ 29-10-3. Qualifications and Requirements; Training - History. Code 1981, § 29-10-3 , enacted by Ga. L....

§ 29-10-4. Registration With the Probate Court; Registration Lists - History. Code 1981, § 29-10-4 , enacted by Ga. L....

§ 29-10-5. Bond - A public guardian shall give bond with good security, to...

§ 29-10-6. Letters of Guardianship - The court shall grant to the public guardian separate letters...

§ 29-10-7. Record Keeping and Reporting; Required Visits to Ward; Limitations on Number of Wards; Cooperation With County Guardians and Conservators - History. Code 1981, § 29-10-7 , enacted by Ga. L....

§ 29-10-8. Additional Security on the Bond or Additional Bond - History. Code 1981, § 29-10-8 , enacted by Ga. L....

§ 29-10-9. Revocation of Letters of Guardianship - The court may, for good cause shown, revoke the letters...

§ 29-10-10. Compensation - Public guardians shall receive compensation for their services in accordance...

§ 29-10-11. Appropriation of Funds for Compensation in Certain Circumstances - History. Code 1981, § 29-10-11 , enacted by Ga. L....

Chapter 11 - Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act

Article 1 - General Provisions

§ 29-11-1. Short Title - This chapter shall be known and may be cited as...

§ 29-11-2. Definitions - As used in this chapter, the term: History. Code 1981,...

§ 29-11-3. Treatment of Foreign Countries - A court of this state may treat a foreign country...

§ 29-11-4. Communication With Out of State Courts - History. Code 1981, § 29-11-4 , enacted by Ga. L....

§ 29-11-5. Appropriate Requests to and From Courts of Other Jurisdictions - History. Code 1981, § 29-11-5 , enacted by Ga. L....

§ 29-11-6. Procedure for Testimony of Out of State Witnesses - History. Code 1981, § 29-11-6 , enacted by Ga. L....

Article 2 - Jurisdiction

§ 29-11-10. Determination of Connection With State - In determining under Code Section 29-11-12 and subsection (e) of...

§ 29-11-11. Exclusive Jurisdiction for Appointment - This article provides the exclusive jurisdictional basis for a court...

§ 29-11-12. Requirements for Jurisdiction - A court of this state has jurisdiction to appoint a...

§ 29-11-13. Special Jurisdiction; Emergency Appointment of Guardian - History. Code 1981, § 29-11-13 , enacted by Ga. L....

§ 29-11-14. Special Jurisdiction; Emergency Appointment of Guardian - Except as otherwise provided in Code Section 29-11-13, a court...

§ 29-11-15. Declining Exercise of Jurisdiction; Factors for Determining Jurisdiction - History. Code 1981, § 29-11-15 , enacted by Ga. L....

§ 29-11-16. Unjustifiable Conduct Leading to Jurisdiction - History. Code 1981, § 29-11-16 , enacted by Ga. L....

§ 29-11-17. Notice Required; Process for Service - History. Code 1981, § 29-11-17 , enacted by Ga. L....

§ 29-11-18. Multiple Court Jurisdictional Rules - Except for a petition for the appointment of a guardian...

Article 3 - Transfers

§ 29-11-20. Transfer Proceedings to Another State; Notice; Hearing; Provisional Orders; Required Findings; Finalization; Denial of Petition - History. Code 1981, § 29-11-20 , enacted by Ga. L....

§ 29-11-21. Petition for Acceptance; Notice; Hearing; Provisional and Final Orders; Modification to Conform to Law - History. Code 1981, § 29-11-21 , enacted by Ga. L....

Article 4 - Registration and Enforcement

§ 29-11-30. Registration of Guardianship Order; Recordation of Order - History. Code 1981, § 29-11-30 , enacted by Ga. L....

§ 29-11-31. Registration of Conservatorship Order; Recordation of Order - History. Code 1981, § 29-11-31 , enacted by Ga. L....

§ 29-11-32. Exercise of Powers Authorized; Enforcement - History. Code 1981, § 29-11-32 , enacted by Ga. L....

Article 5 - Uniformity

§ 29-11-40. Promotion of Uniformity - In applying and construing this chapter, consideration must be given...

§ 29-11-41. Construction With Federal Law - This chapter modifies, limits, and supersedes the federal Electronic Signatures...

§ 29-11-42. Application - History. Code 1981, § 29-11-42 , enacted by Ga. L....

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Georgia Code Title 29 - Guardian and Ward

Georgia Code
Title 29 - Guardian and Ward