---
title: O.C.G.A. § 29-3-108. Required findings prior to granting foreign conservatorship; inventory; applicable law; orderly transfer.
collection: code
id: 29-3-108
cite_as: O.C.G.A. § 29-3-108 (2025)
canonical_url: https://georgiacommons.org/code/29-3-108
md_url: https://georgiacommons.org/code/29-3-108.md
text_url: https://georgiacommons.org/code/29-3-108/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-2018-pdf.pdf?sfvrsn=f493d811_0#page=564
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/29-3.md
previous: https://georgiacommons.org/code/29-3-107.md
next: https://georgiacommons.org/code/29-3-110.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: GUARDIAN AND WARD / CONSERVATORS OF MINORS / FOREIGN CONSERVATORSHIPS / PROCEDURE
---

# O.C.G.A. § 29-3-108. Required findings prior to granting foreign conservatorship; inventory; applicable law; orderly transfer.

(a) The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:

(1) The conservator is presently in good standing with the foreign court; and

(2) The transfer of the conservatorship from the foreign jurisdiction is in the best interest of the minor.

(b) The court may require the conservator to file an inventory of the minor’s property at the time of the transfer from the foreign jurisdiction.

(c) Subject to subsection (d) of this Code section, at all times following the entry of the order accepting the guardianship, the laws of the State of Georgia shall apply to the conservatorship.

(d) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:

(1) Delay the effective date of the receipt and acceptance for a reasonable period of time;

(2) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction;

(3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or

(4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the conservatorship.

(e) The denial of a petition for receipt and acceptance of the foreign conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section 29-3-8.

## History

Code 1981, § 29-3-108, enacted by Ga. L. 2004, p. 161, § 1.