---
title: O.C.G.A. § 29-4-61. Appointment of successor guardian and legal counsel; notice to interested parties; hearing.
collection: code
id: 29-4-61
cite_as: O.C.G.A. § 29-4-61 (2025)
canonical_url: https://georgiacommons.org/code/29-4-61
md_url: https://georgiacommons.org/code/29-4-61.md
text_url: https://georgiacommons.org/code/29-4-61/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-pdf.pdf?sfvrsn=3d92bb7f_0#page=192
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/29-4-60.md
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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 / TEMPORARY SUBSTITUTE GUARDIANS
---

# O.C.G.A. § 29-4-61. Appointment of successor guardian and legal counsel; notice to interested parties; hearing.

(a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-3.

(b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward’s legal counsel. Notice shall be made by first-class mail to the conservator of the ward, 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.

(c) After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.

## History

Code 1981, § 29-4-61, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 11/HB 70.

## Amendments

The 2019 amendment, effective January 1, 2020, substituted “29-4-3” for “29-4-11” at the end of the second sentence of subsection (a).