---
title: O.C.G.A. § 29-5-3. Order of preference in selecting conservator; nomination of individual to serve as conservator; requirements of nomination.
collection: code
id: 29-5-3
cite_as: O.C.G.A. § 29-5-3 (2025)
canonical_url: https://georgiacommons.org/code/29-5-3
md_url: https://georgiacommons.org/code/29-5-3.md
text_url: https://georgiacommons.org/code/29-5-3/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=198
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/29-5.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 / CONSERVATORS OF ADULTS / CONSERVATORS
---

# O.C.G.A. § 29-5-3. Order of preference in selecting conservator; nomination of individual to serve as conservator; requirements of nomination.

(a) The court shall appoint as conservator that person who shall best serve the interest of the adult taking into consideration the order of preferences set forth in this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown.

(b) Persons who are eligible and not disqualified have preference in the following order:

(1) The person last nominated by the adult in accordance with the provisions of subsection (c) of this Code section;

(2) The spouse of the adult or a person nominated by the adult’s spouse in accordance with the provisions of subsection (d) of this Code section;

(3) An adult child of the adult or a person nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section;

(4) A parent of the adult or a person nominated by a parent of the adult in accordance with the provisions of subsection (d) of this Code section;

(5) A conservator appointed during the minority of the adult;

(6) A conservator previously appointed in Georgia or another state;

(7) A friend, relative, or any other person; or

(8) The county conservator.

(c) At any time prior to the appointment of a conservator, an adult may nominate in writing a person to serve as that adult’s conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference set forth in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5.

(d) At any time prior to the appointment of a conservator, a spouse, adult child, or parent of an adult may nominate in writing a person to serve as the adult’s conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20.

(e) A writing nominating the conservator of an adult:

(1) Must contain an express nomination of the person who shall serve as conservator and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individual’s presence; and

(2) May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed.

## History

Code 1981, § 29-5-3, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 12/SB 534; Ga. L. 2011, p. 752, § 29/HB 142; Ga. L. 2025, p. 713, § 5/SB 98, effective July 1, 2025; Ga. L. 2025, p. 1029, § 29(1)/SB 153, effective July 1, 2025.

## Amendments

The first 2025 amendment, effective July 1, 2025, substituted “conservator” for “guardian” in paragraph (b)(8).

The second 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “subsection (d)” for “subsection (c)” in paragraph (b)(4).