Official Code of Georgia Annotated

Title 29. GUARDIAN AND WARD · Chapter 4. GUARDIANS OF ADULTS · Article 1. GENERAL PROVISIONS

29-4-2. Qualifications of guardians selected for adults.

Active

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

(a)
Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Services is appointed pursuant to subsection (b.1) of Code Section 29-4-3.#
(b)
No individual may be appointed as guardian of an adult who:#
1. (1)
  Is a minor, a ward, or a protected person;#
2. (2)
  Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult’s best interest; or#
3. (3)
  Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.#
(c)
No entity may be appointed as guardian of an adult which:#
1. (1)
  Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult’s best interest; or#
2. (2)
  Is a long-term care or other caregiving institution or facility at which the adult is receiving care.#

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, § 29-4-2, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 509, § 2/HB 394; Ga. L. 2009, p. 453, § 2-2/HB 228.

Editor's notes

Ga. L. 2005, p. 509, § 9/HB 394, not codified by the General Assembly, provides: ‘‘This Act shall become effective on July 1, 2005, and all appointments of guardians of the person made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.’’

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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, page 577; merge action: carried; file SHA-256 62359f240c92.

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