Title 29

(a) Upon the filing of a petition for guardianship of a proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1…

(a) After the filing of the evaluation report, the court shall review the pleadings and the evaluation report. (b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code…

(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 …

(a) Any interested person, including the proposed ward, may file a petition for the appointment of an emergency guardian. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found. (b) The petition for appointment of an emergency g…

(a) Upon the filing of a petition for an emergency guardianship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency guardian within the meaning of paragraph (4) o…

(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 evi…

The amounts actually necessary or requisite to defray the expenses of any hearing held under this article shall be paid: (1) From the estate of the ward if a guardianship is ordered; (2) By the petitioner if no guardianship is ordered; or (3) By the county in which the proposed w…

(a) As used in this Code section, the term: (1) ‘‘Adult unable to consent’’ means a person 18 years of age or older who has been determined in his or her medical records by a licensed physician after the physician has personally examined the adult that he or she lacks sufficient …

(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, …

(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 tre…

(a) Except as otherwise provided by law or by the court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare. A guardian shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and…

(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 pertine…

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 guard…

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 …

(a) A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time. (b) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds. (c) If a guardian is requ…

(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 c…

(a) Upon the petition of any interested person, including the ward, or upon the court’s own motion, the court may modify the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-22 and 29-4-23, or the powers of the ward, as defined in C…

(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 g…

(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 ann…

(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, illne…

(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 wa…

(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 …

(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) E…

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. (Code 1981, § 29-4-54, enacted by Ga. L. 2004, p. 161, § 1.)

(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 …

(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 …

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 perio…

(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 h…

(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…

(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 referr…

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. (Code 1981, § 29-4-96, enacted by Ga. L. 2004, p. 161, § 1.)

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 …

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; or (2) Doing any act as a guardian …