Title 29

(a) Every petition and return filed in the court shall be verified by an oath sworn to or affirmed before the court or a notary public. (b) Where appropriate, petitions for separate appointments, such as the appointment of a guardian and a conservator or the appointment of a guar…

(a) For purposes of this Code section, the terms ‘‘citation’’ and ‘‘notice’’ shall have the same meaning unless the context otherwise requires. (b) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; prov…

(a) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than ten days after the date the person is personally served. For persons within the Uni…

Whenever it is required that a document which is to be filed in the court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-9-922 and paragraphs (1) through (4) of Code Section 24-9-902 and such full faith and credi…

The court on its own motion may order a hearing on any matter related to a conservatorship or guardianship even if no objection is filed. (Code 1981, § 29-9-14, enacted by Ga. L. 2004, p. 161, § 1.)

Any legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceeding, including any appeals. (Code 1981, § 29-9-15, enacted by…

For the evaluation or examination required by subsection (d) of Code Section 29-4-11 or subsection (d) of Code Section 29-5-11, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus act…

At the time of appointment and at any time throughout the conservatorship or guardianship, the court may order the conservator or guardian to undergo such instruction as the court deems appropriate. (Code 1981, § 29-9-17, enacted by Ga. L. 2004, p. 161, § 1.)

(a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel of record and the da…

(a) As used in this Code section, the term ‘‘criminal history record information’’ means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other…

(a) The court in its discretion may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does no…

A person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated per…

(a) Except as otherwise provided by law, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. (b) Except as otherwise provided in this Code section, per…

(a) Except as otherwise provided by law or directed by the probate judge pursuant to Code Section 29-9-6, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state or whose current address is unkno…

If one or more unsuccessful attempts at personal service are made by the sheriff or deputy upon a conservator or guardian appointed in this state at the last known address of the conservator or guardian that appears in the court records and it appears to the court that further at…

(a) The probate judge may direct any additional service or notice or extend the time to respond to any proceedings covered by this title as the judge may determine to be proper in the interest of due process and reasonable opportunity for any party or interest to be heard. (b) If…

(a) Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment of service shall be in writing, signed by the person to be served or some person competent to do so, shall be sworn before the court or a notary public, an…

An oath or affirmation or affidavit required or allowed to be made before or attested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or affidavit is made. The oath or affirmatio…

As used in this chapter, the term ‘‘public guardian’’ means an individual or private entity, including a nonprofit entity, who meets the qualifications required in this chapter and has registered with and been duly approved by the probate court to serve as a public guardian of an…

Public guardians shall receive compensation for their services in accordance with the provisions of Chapter 4 of this title. However, for wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title, at the discretion of the prob…

(a) The General Assembly is authorized to appropriate state funds, by line item appropriation, for the purpose of providing compensation to public guardians for services to wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this t…

When appointed pursuant to subsection (b.1) of Code Section 29-4-3, a public guardian is authorized to take the oath of guardianship before the judge of any probate court of this state. In the event of a public guardian that is a private entity, the employee or agent of such enti…

(a) To be eligible to serve as a public guardian, an individual must: (1) Be at least 18 years of age; (2) Submit to a criminal background check with satisfactory results as prescribed by the Division of Aging Services of the Department of Human Services; (3) Submit to an investi…

(a) An individual who meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of the county in which he or she is domiciled upon approval by the probate court. Such individual may also be registered in the probate court of other …

A public guardian shall give bond with good security, to be judged by the court, in a sum of not less than $10,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or clerk of the court and shall be conditioned upon th…

The court shall grant to the public guardian separate letters of guardianship upon each appointment. The public guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians and shall be governed by the law provided for ot…

(a) A public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian. (b) No report or disclosure of the ward’s personal or medical records shall be made except as required or authoriz…

(a) The probate court may require a public guardian to give additional security on the bond or to give an additional bond with security. The court shall have the authority to fix the amount of the bond and shall cite the public guardian to appear and show cause, if any, why the a…

The court may, for good cause shown, revoke the letters of guardianship of the public guardian, require additional security on the public guardian’s bond, or issue any other order as is expedient and necessary for the good of any particular guardianship in the hands of the public…

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.)

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…

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.)

(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…

(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…

(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. …

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…

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.)

A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if: (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 respondent does not h…

emergency appointment of (a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Code Section 29-11-12 has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is p…

emergency appointment of Except as otherwise provided in Code Section 29-11-13, a court that has appointed a guardian or issued a conservatorship order consistent with this chapter shall have exclusive and continuing jurisdiction over the proceeding until it is terminated by the …

(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…

(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…

(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…

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…

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this Code section shall be given to the persons that would be entitled to notice of a pe…

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Code Section 29-11-20, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a c…