Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 29. GUARDIAN AND WARD · Chapter 11. UNIFORM ADULT GUARDIANSHIP AND CONSERVATORSHIP PROCEEDINGS JURISDICTION ACT · Article 2. JURISDICTION

29-11-15. Declining exercise of jurisdiction; factors for determining jurisdiction.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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.#

  2. (b)

    If a court of this state declines to exercise its jurisdiction under subsection (a) of this Code section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a conservatorship order be filed promptly in another state.#

  3. (c)

    In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:#

    1. (1)

      Any expressed preference of the respondent;#

    2. (2)

      Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;#

    3. (3)

      The length of time the respondent was physically present in or was a legal resident of this or another state;#

    4. (4)

      The distance of the respondent from the court in each state;#

    5. (5)

      The financial circumstances of the respondent’s estate;#

    6. (6)

      The nature and location of the evidence;#

    7. (7)

      The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;#

    8. (8)

      The familiarity of the court of each state with the facts and issues in the proceeding; and#

    9. (9)

      If an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 29-11-15, enacted by Ga. L. 2016, p. 563, § 1/HB 954.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t27-t30-(v22)-2018-pdf.pdf, Volume V22, 2018 edition, pages 771 to 772; merge action: annotated; file SHA-256 62359f240c92.