---
title: O.C.G.A. § 29-4-2. Qualifications of guardians selected for adults.
collection: code
id: 29-4-2
cite_as: O.C.G.A. § 29-4-2 (2025)
canonical_url: https://georgiacommons.org/code/29-4-2
md_url: https://georgiacommons.org/code/29-4-2.md
text_url: https://georgiacommons.org/code/29-4-2/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=577
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.
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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 / GUARDIANS OF ADULTS / GENERAL PROVISIONS
---

# O.C.G.A. § 29-4-2. Qualifications of guardians selected for adults.

(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) Is a minor, a ward, or a protected person;

(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) 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) 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) Is a long-term care or other caregiving institution or facility at which the adult is receiving care.

## 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.’’