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Official Code of Georgia Annotated

Title 29. GUARDIAN AND WARD · Chapter 3. CONSERVATORS OF MINORS · Article 1. PROPERTY

29-3-7. Preference among individuals for appointment of conservator; court’s ability to ignore preference for best interest of minor.

Active

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

  1. (a)

    The court shall appoint as conservator that person who shall best serve the interest of the minor considering the following order of preferences:#

    1. (1)

      The individual who is the preference of a minor who is 14 years of age or older;#

    2. (2)

      The nearest adult relative of the minor as set forth in Code Section 53-2-1;#

    3. (3)

      Other adult relatives of the minor;#

    4. (4)

      Other adults who are related to the minor by marriage;#

    5. (5)

      A person who was designated in writing by a minor’s natural guardian in a notarized document or document witnessed by two or more persons;#

    6. (6)

      A person who has provided care or support for the minor or with whom the minor has lived; or#

    7. (7)

      The county conservator.#

  2. (b)

    The court may disregard an individual who has preference and appoint a person who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.#

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, § 29-3-7, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2011, p. 752, § 29/HB 142; Ga. L. 2025, p. 713, § 2/SB 98, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, substituted “conservator” for “guardian” in paragraph (a)(7).

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)-pdf.pdf, Volume V22, 2018 edition, 2025 supplement, pages 157 to 158; merge action: replaced; file SHA-256 b54071b79715.