Title 29 — Title 29
0 chapters · 173 sections in this title.
O.C.G.A. § 29-11-1 Short title
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This chapter shall be known and may be cited as the ‘‘Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act.’’ (Code 1981, § 29-11-1, enacted by Ga. L. 2016, p. 563, § 1/HB 954.) 29-11-2. Definitions.
O.C.G.A. § 29-11-10 Determination of connection with state
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In determining under Code Section 29-11-12 and subsection (e) of Code Section 29-11-20 whether a respondent has a significant connection with a particular state, the court shall consider: (1) The location of the respondent’s family and other persons required to be notified of the…
O.C.G.A. § 29-11-11 Exclusive jurisdiction for appointment
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This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a conservatorship order for an adult. (Code 1981, § 29-11-11, enacted by Ga. L. 2016, p. 563, § 1/HB 954.) 29-11-12. Requirements for jurisdiction.
O.C.G.A. § 29-11-12 Requirements for jurisdiction
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A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if: 769 29-11-12 (1) This state is the respondent’s home state; (2) On the date the petition significant-connection state and: is filed, this state is a (A) The responde…
O.C.G.A. § 29-11-15 Declining exercise of jurisdiction; factors for determining jurisdiction
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(a) A court of this state having jurisdiction under Code Section 29-11-12 to appoint a guardian or conservator may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this state declines to…
O.C.G.A. § 29-11-16 Unjustifiable conduct leading to jurisdiction
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(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a conservatorship order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fas…
O.C.G.A. § 29-11-17 Notice required; process for service
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(a) If a petition for the appointment of a guardian or issuance of a conservatorship order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice o…
O.C.G.A. § 29-11-18 Multiple court jurisdictional rules
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Except for a petition for the appointment of a guardian in an emergency or issuance of a conservatorship order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Code Section 29-11-13, if a petition for the appointment of a guardian or issua…
O.C.G.A. § 29-11-2 Definitions
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As used in this chapter, the term: (1) ‘‘Conservatorship order’’ means an order appointing a conservator or other order related to management of an adult’s property. (2) ‘‘Conservatorship proceeding’’ means a judicial proceeding in which a conservatorship order is sought or has b…
O.C.G.A. § 29-11-3 Treatment of foreign countries
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A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and Articles 2, 3, and 5 of this chapter. (Code 1981, § 29-11-3, enacted by Ga. L. 2016, p. 563, § 1/HB 954.) 29-11-4. Communication with out of state courts.
O.C.G.A. § 29-11-30 Registration of guardianship order
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…
O.C.G.A. § 29-11-31 Registration of conservatorship order
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If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator 776 29-11-31 ADULT GUARDIANSHIP & CONSERVATORSHIP 29-11-41 appointed in the other state, after giving notice to the appointing court of an…
O.C.G.A. § 29-11-32 Exercise of powers authorized; enforcement
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(a) Upon registration of a guardianship order or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and…
O.C.G.A. § 29-11-4 Communication with out of state courts
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(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this Code section, the court shall ma…
O.C.G.A. § 29-11-40 Promotion of uniformity
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In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Code 1981, § 29-11-40, enacted by Ga. L. 2016, p. 563, § 1/HB 954.) 29-11-41. Construction with federa…
O.C.G.A. § 29-11-41 Construction with federal law
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o…
O.C.G.A. § 29-11-42 Application
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(a) This chapter shall apply to guardianship proceedings and conservatorship proceedings begun on or after July 1, 2016. (b) Articles 1, 3, and 4 of this chapter and Code Sections 29-11-40 and 29-11-41 shall apply to proceedings begun before July 1, 2016, regardless of whether a …
O.C.G.A. § 29-11-5 Appropriate requests to and from courts of other jurisdictions
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(a) In a guardianship proceeding or conservatorship proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimo…
O.C.G.A. § 29-11-6 Procedure for testimony of out of state witnesses
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(a) In a guardianship proceeding or conservatorship proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. …