---
title: O.C.G.A. § 29-4-51. Appointment of successor guardian; notice to interested individuals; hearing; order.
collection: code
id: 29-4-51
cite_as: O.C.G.A. § 29-4-51 (2025)
canonical_url: https://georgiacommons.org/code/29-4-51
md_url: https://georgiacommons.org/code/29-4-51.md
text_url: https://georgiacommons.org/code/29-4-51/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=624
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/29-4.md
previous: https://georgiacommons.org/code/29-4-50.md
next: https://georgiacommons.org/code/29-4-52.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 / GUARDIANS OF ADULTS / ALTERNATIVE OR SUCCESSOR GUARDIANS
---

# O.C.G.A. § 29-4-51. Appointment of successor guardian; notice to interested individuals; hearing; order.

(a) In the event of the death of a guardian, and upon the petition of an interested person or on the court’s own motion, the court shall appoint a successor guardian. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward’s legal counsel. Notice shall be given by first-class mail to the conservator of the ward, if any, the personal representative of the deceased guardian, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:

(1) The spouse of the ward; and

(2) All adult children of the ward; or

(3) If there is no adult child, then at least two adults in the following order of priority:

(A) Lineal descendants of the ward;

(B) Parents and siblings of the ward; and

(C) Friends of the ward.

(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 29-4-61, requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the ward held by the guardian.

## History

Code 1981, § 29-4-51, enacted by Ga. L. 2004, p. 161, § 1.