Title 29

(a) At any time before the health determination is made, a standby guardianship may be revoked without notice to anyone by destruction or obliteration of the designation done by the designating individual with an intent to revoke or by a written revocation signed by the designati…

(a) Within 120 days of the health determination being made, the standby guardian shall file with the probate court in the county of domicile of the minor a petition seeking temporary guardianship of the minor. (b) Except as otherwise provided, a standby guardianship shall automat…

The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the pr…

(a) For purposes of this part, the term ‘‘biological father’’ means a father of a minor born out of wedlock whose rights regarding the minor have not been surrendered or terminated but who is not entitled to have custody of and exercise parental power over the child pursuant to C…

(a) Any interested person may file a petition for the appointment of a permanent guardian of a minor. (b) The petition for appointment of a permanent guardian shall set forth: (1) A statement of the facts upon which the court’s jurisdiction is based; (2) The name, address, and da…

Upon the filing of a petition for the appointment of a permanent guardian of a minor and the giving of notice, the court shall hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor. (Code 1981, § 29-2-18, enacted by Ga.…

An order granting permanent guardianship shall specify: (1) The name of the permanent guardian and the basis for the selection of the guardian; (2) A specific listing of any of the additional powers which are granted to the permanent guardian as provided in subsection (b) of Code…

(a) Only an individual may serve as guardian of a minor. (b) No individual may be appointed as guardian of a minor who: (1) Is a minor, a ward, or a protected person; or (2) Has a conflict of interest with the minor unless the court determines that the conflict of interest is ins…

(a) For purposes of this Code section, the terms ‘‘joint legal custody’’ and ‘‘sole custody’’ shall have the meanings as provided in Code Section 19-9-6. (b) Except as otherwise provided in this chapter, each parent shall be the natural guardian of any minor child of the parent, …

(a) Every parent, by will, may nominate a testamentary guardian for the parent’s minor child. (b)(1) Unless the minor has another living parent, upon probate of the minor’s parent’s will, letters of guardianship shall be issued to the individual nominated in the will who shall se…

(a) A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor. (b) The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary …

(a) Except as otherwise provided in subsection (f ) of this Code section, if the sole parent or both parents of the minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition, the court shall grant the pe…

(a) Except as otherwise provided by law, a temporary guardian shall be entitled to exercise any of the powers of a natural guardian. The court in its discretion may waive the requirement that a temporary guardian file the personal status reports that are required by paragraph (8)…

(a) A temporary guardianship shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, the temporary guardian dies, letters of guardianship are issued to a permanent or te…

As used in this part, the term: (1) ‘‘Designating individual’’ means a parent or guardian who appoints a standby guardian. A designating individual may only be: (A) A parent of a minor, provided that he or she has physical custody of the minor and his or her parental rights have …

(a) In every guardianship, the minor has the right to: (1) A qualified guardian who acts in the best interest of the minor; (2) A guardian who is reasonably accessible to the minor; (3) Have his or her property utilized as necessary for his or her support, care, education, health…

(a) The power of a guardian over the minor shall be the same as that of a parent over a child; the guardian standing in place of the parent. A guardian shall at all times act as a fiduciary in the minor’s best interest and exercise reasonable care, diligence, and prudence. (b) A …

(a) The appointment of a guardian shall vest in the guardian the exclusive power, without court order, to: (1) Take custody of the person of the minor and establish the minor’s place of dwelling within this state; (2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pe…

The guardian must disclose promptly any conflict of interest between the guardian and the minor 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 minor for the gua…

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) The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered. Proof of adoption, deat…

(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 to serve due to age, illn…

(a) In the event of the death of a guardian, and upon the petition of an interested person or upon the court’s own motion, the court shall appoint a successor guardian. The court shall notify the minor and any guardian ad litem appointed for the minor by personal service. Notice …

(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 guardianship or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegation…

(a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate: (1) To recover damages; (2) To compel performance of the guardian’s duties; …

(a) Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute guardian for a minor if it appears to the court that the best interest of the minor requires immediate action. (b) The temporary substitute guardi…

(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 minor. 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 minor held by the guardian and shall submit a final status report covering the peri…

(a) A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the minor 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 lite…

(a) For purposes of this part and Part 3 of this article, the term ‘‘guardianship’’ refers to a legal relationship in which a person is given responsibility by a foreign court for the care of a minor, thereby becoming a guardian. (b) A guardian who has been appointed by a foreign…

(a) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the minor. The notice shall: (1) State that the minor has a right to a hearing on the petition; (2) Inform the minor of the procedure to exercise the minor’s r…

(a) On the court’s own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign guardian. (b) If any interested person challenges the validity of the foreign guardiansh…

(a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that: (1) The guardian is presently in good standing with the foreign court; and (2) The transfer of the guardianship from the foreign jurisdiction is in the best inte…

(a) A guardian may petition a court of this state which has jurisdiction over the guardianship to transfer the guardianship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction. (b) The minor may be presumed to have moved per…

The petition to transfer a guardianship to a foreign jurisdiction shall include the following: (1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardiansh…

(a) Notice and a copy of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state: (1) The date that the hearing shall be held; and (2) That the m…

On the court’s own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition to transfer the guardianship. (Code 1981, § 29-2-72, enacted by Ga. L. 2004, p. 161, § 1.)

(a) The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that the: (1) Guardian is presently in good standing with the court; and (2) Transfer of the guardianship to the foreign jurisdiction is in the best inter…

(a) For purposes of this part, the term ‘‘foreign guardian’’ means 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 a minor and whose g…

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 minor or accruing to the foreign guardian as such. (Code 1981, § 29-2-75, enacted by Ga. L. 2004, p. 161, § 1.)

Pending an action brought by a foreign guardian pursuant to Code Section 29-2-75, 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) In this state receiving payment of money or taking delivery of personal property belonging to the minor; or (2) Doing any act as a guardian…

Norfolk S. Ry., 879 F. Supp. 1192 (N.D. Ga. 1994) (decided under former O.C.G.A. § 29-2-16). Claims Subject to Compromise (Cont’d) ‘‘Claims’’ is sufficiently broad to include a tort action. Macris v. Laughlin Insulation Co., 124 Ga. App. 573, 185 S.E.2d 413 (1971) (decided under …

Appointment of successor guardian. Requirement of guardian to answer charges affecting obligations as guardian; revocation of guardianship; impact on other proceedings. Minor’s cause of action for breach of guardian’s fiduciary duties. Statute of limitations. Sec. 29-2-65.