Georgia Commons

Title 29. GUARDIAN AND WARD

Chapter 2. GUARDIANS OF MINORS

49 sections · 29-2-1 to 29-2-77

Article 1. MINORS · Part 1. GENERAL PROVISIONS

  1. 29-2-1Categories of guardians for minors.
  2. 29-2-2Qualified individuals to serve as guardian of minor.

Article 1. MINORS · Part 2. PARENTAL RIGHTS IN GUARDIAN SELECTION

  1. 29-2-3Guardian of minor children in event of divorce; death of spouse or former spouse.
  2. 29-2-4Nomination of testamentary guardian; no bond or security required.

Article 1. MINORS · Part 3. TEMPORARY GUARDIANSHIP OF MINORS

  1. 29-2-5Petitions for temporary guardianship; requirements of petition.
  2. 29-2-6Parental consent to temporary guardianship; failure to consent; minor’s preference; transfer to juvenile court.
  3. 29-2-7Powers of temporary guardians; medical insurance coverage for minors.
  4. 29-2-8Termination of temporary guardianship; petition for termination of guardianship.

Article 1. MINORS · Part 4. STANDBY GUARDIANS

  1. 29-2-9Definitions.
  2. 29-2-10Designation of standby guardian pending health issue; required probate court filing; no bond required; parental obligation to support continues.
  3. 29-2-11Designation in writing; requirements of designation; form.
  4. 29-2-12Revocation of standby guardianship prior to and subsequent to health determination.
  5. 29-2-13Petition seeking temporary guardianship; automatic termination of standby guardianship.

Article 1. MINORS · Part 5. PERMANENT GUARDIANSHIP

  1. 29-2-14Power of probate court to appoint guardian.
  2. 29-2-15‘‘Biological father’’ defined; notice of petition for appointment of permanent guardian; protest of father; petition to legitimate.
  3. 29-2-16Individuals with preference for permanent guardianship of minor; preference not controlling.
  4. 29-2-17Petition for appointment of permanent guardian; requirements of petition; notice.
  5. 29-2-18Hearing; best interest of the child standard.
  6. 29-2-19Requirements of order granting permanent guardianship.

Article 2. PROTECTION OF MINOR

  1. 29-2-20Rights of minor; impact on testamentary capacity.
  2. 29-2-21Power of guardian over minor; obligations of guardians; liability of guardian.
  3. 29-2-22Authority of guardian; appointment of guardian ad litem.
  4. 29-2-23Conflicts of interest.
  5. 29-2-24Oath required of guardian.
  6. 29-2-25Bond requirements.

Article 3. TERMINATION OF GUARDIANSHIP

  1. 29-2-30Circumstances when guardianship terminates; delivery of property.
  2. 29-2-31Petition for order dismissing guardian.

Article 4. VIOLATIONS BY GUARDIANS

  1. 29-2-40Petition to resign guardianship; requirements; service; hearing; appointment of successor guardian.
  2. 29-2-41Appointment of successor guardian.
  3. 29-2-42Requirement of guardian to answer charges affecting obligations as guardian; revocation of guardianship; impact on other proceedings.
  4. 29-2-43Minor’s cause of action for breach of guardian’s fiduciary duties.
  5. 29-2-44Statute of limitations.

Article 5. TEMPORARY SUBSTITUTE GUARDIANS

  1. 29-2-50Appointment of temporary substitute guardian; length of service; powers; notice of appointment; application of chapter.
  2. 29-2-51Appointment of successor guardian; notice; preference to selected individuals; order of appointment.
  3. 29-2-52Delivery of property to successor guardian; reporting requirements.

Article 6. JURISDICTION · Part 1. GENERAL PROVISIONS

  1. 29-2-60Petition for jurisdiction change; retention of jurisdiction for limited matters.

Article 6. JURISDICTION · Part 2. GUARDIANSHIP APPOINTED

  1. 29-2-65‘‘Guardianship’’ defined; requirements of petition for transfer.
  2. 29-2-66Notice to minor and foreign court; requirements of notice; notice to others; waiver of notice requirements.
  3. 29-2-67Hearing on petition for receipt and acceptance of foreign guardian; stay of proceedings authorized if protest.
  4. 29-2-68Required findings of court prior to acceptance of foreign guardianship; orderly transfer; right to petition for guardianship remains.

Article 6. JURISDICTION · Part 3. TRANSFER OF GUARDIANSHIP

  1. 29-2-69Minor’s move to a foreign jurisdiction; presumption of permanent move.
  2. 29-2-70Petition to transfer guardianship.
  3. 29-2-71Notice; requirements.
  4. 29-2-72Hearing.
  5. 29-2-73Required finds prior to transfer of guardianship; power of court; orderly and coordinated transfer.

Article 6. JURISDICTION · Part 4. FOREIGN GUARDIAN

  1. 29-2-74‘‘Foreign guardian’’ defined; required filings; bond.
  2. 29-2-75Right of foreign guardian to bring action to enforce rights of minor.
  3. 29-2-76Filing of authenticated copy of letters of guardianship.
  4. 29-2-77Submission to jurisdiction by foreign guardian.