Title 29 — Title 29
0 chapters · 173 sections in this title.
O.C.G.A. § 29-4-13 Requirements of order granting guardianship; service
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(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 …
O.C.G.A. § 29-4-14 Petition for appointment of emergency guardian; requirements of petition
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(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…
O.C.G.A. § 29-4-17 Responsibility for paying expenses of any hearing
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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…
O.C.G.A. § 29-4-18 Temporary medical consent guardianship
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(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 …
O.C.G.A. § 29-4-2 Qualifications of guardians selected for adults
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(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 …
O.C.G.A. § 29-4-21 Rights and privileges removed from ward upon appointment of guardian
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(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…
O.C.G.A. § 29-4-24 Disclosure of conflicts of interest
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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…
O.C.G.A. § 29-4-25 Oath or affirmation of guardian
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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 …
O.C.G.A. § 29-4-3 Law reviews
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— For note on discrimi- natory charitable trusts in Georgia, with regard to application of the cy pres doctrine, in light of Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966), see 6 Ga. St. B.J. 428 (1970). For note discussing problems with venue in Georgia, a…
O.C.G.A. § 29-4-30 Bond; recording of bond; payment of costs
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(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…
O.C.G.A. § 29-4-41 Modification of guardianship
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(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…
O.C.G.A. § 29-4-43 Petition of guardian for dismissal; order of dismissal
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(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…
O.C.G.A. § 29-4-53 Breach of fiduciary duty by guardian
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(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…
O.C.G.A. § 29-4-54 Statute of limitations
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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.)
O.C.G.A. § 29-4-96 Power to recover property
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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.)
O.C.G.A. § 29-4-97 Required filings with clerk of court
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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 …
O.C.G.A. § 29-4-98 Submission to jurisdiction
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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 …