Definitions

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. General Provisions
  5. Definitions

Checkout our iOS App for a better way to browser and research.

Except as otherwise provided, as used in this title, the term:

  1. "Adult" means an individual who is either 18 years of age or older or an emancipated minor.
  2. "Conservator" includes a guardian of the property appointed prior to July 1, 2005, but shall not include a conservator of the estate of an individual who is missing or believed to be dead, as defined in Article 2 of Chapter 9 of Title 53 or a foreign conservator as defined in Part 4 of Article 10 of Chapter 3 and Part 4 of Article 13 of Chapter 5 of this title.
  3. "County guardian" means an individual described in Chapter 8 of this title.
  4. "Court" means the probate court.
  5. "Emergency conservator" means an individual appointed pursuant to the provisions of Code Section 29-5-15.
  6. "Emergency guardian" means an individual appointed pursuant to the provisions of Code Section 29-4-14.
  7. "Guardian" means an individual appointed pursuant to the provisions of this title and includes a guardian of the person appointed prior to July 1, 2005, but shall not include a guardian ad litem.
  8. "Guardian ad litem" means an individual appointed pursuant to the provisions of Code Section 29-9-2.
  9. "Interested person" means any person who has an interest in the welfare of a minor, ward, or proposed ward, or in the management of that individual's assets and may include a governmental agency paying or planning to pay benefits to that individual.
  10. "Licensed clinical social worker" means a social worker who is licensed in accordance with the provisions of Chapter 10A of Title 43.
  11. "Minor" means an individual who is under 18 years of age and who is not emancipated.
  12. "Natural guardian" means an individual defined by the provisions of Code Section 29-2-3.
  13. "Parent" means a biological or adoptive father or mother whose parental rights have not been surrendered or terminated and, in the case of a child born out of wedlock, the individual or individuals who are entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25.
  14. "Permanent guardian" means an individual appointed as guardian of a minor pursuant to Part 5 of Article 1 of Chapter 2 of this title.
  15. "Personal representative" means an executor, administrator, successor, personal representative, or the duly qualified and acting personal representative of the estate of a decedent.
  16. "Proposed ward" means an adult for whom a petition for the appointment of a guardian or a conservator has been filed.

    (16.1) "Public guardian" means an individual or private entity, including a nonprofit entity, appointed pursuant to Chapter 10 of this title.

  17. "Standby guardian" means an individual appointed pursuant to Part 4 of Article 1 of Chapter 2 of this title.
  18. "Successor conservator" means an individual who has been appointed as conservator pursuant to Code Section 29-3-91 or 29-5-101.
  19. "Successor guardian" means an individual who has been appointed as guardian pursuant to Code Section 29-2-51 or 29-4-61.
  20. "Sui juris" means an adult who is not suffering from any legal disability.
  21. "Temporary guardian" means an individual who is appointed as a guardian for a minor in accordance with the provisions of Part 3 of Article 1 of Chapter 2 of this title.
  22. "Temporary substitute conservator" means an individual who has been appointed as conservator pursuant to Code Section 29-3-90 or 29-5-100.
  23. "Temporary substitute guardian" means an individual who has been appointed as guardian pursuant to Code Section 29-2-50 or 29-4-60.
  24. "Testamentary conservator" means a person who has been issued letters of conservatorship pursuant to Code Section 29-3-5.
  25. "Testamentary guardian" means a person who has been issued letters of guardianship pursuant to Code Section 29-2-4.
  26. "VA guardian" means a person appointed pursuant to the provisions of Chapter 7 of this title.
  27. "Ward" means an adult for whom a guardian or conservator has been appointed.

(Code 1981, §29-1-1, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2005, p. 509, § 1/HB 364; Ga. L. 2019, p. 1056, § 29/SB 52.)

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "letters of conservatorship" for "letters of guardianship" in paragraph (24).

Editor's notes.

- Ga. L. 2005, p. 509, § 9/HB 364, not codified by the General Assembly, provides that: "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."

JUDICIAL DECISIONS

Constitutionality.

- Because a petition to terminate a guardianship filed in the probate court did not include any constitutional challenge, an order declaring two provisions in the recently revised guardianship code, O.C.G.A. § 29-1-1 et seq., as unconstitutional was reversed, given that a constitutional question was not raised by the pleadings or in any portion of the record; therefore, absent a proper attack, the probate court lacked the authority to strike the provisions down. In the Interest of J.R.R., 281 Ga. 662, 641 S.E.2d 526 (2007).

Cited in Anaya v. Coello, 279 Ga. App. 578, 632 S.E.2d 425 (2006).

RESEARCH REFERENCES

138 Am. Jur. Trials, Guardianships, § 1 et seq.

CHAPTER 2 GUARDIANS OF MINORS Article 1 Minors. Part 1 GENERAL PROVISIONS.
  • 29-2-1. Categories of guardians for minors.
  • 29-2-2. Qualified individuals to serve as guardian of minor.
Part 2 PARENTAL RIGHTS IN GUARDIAN SELECTION.
  • 29-2-3. Guardian of minor children in event of divorce; death of spouse or former spouse.
  • 29-2-4. Nomination of testamentary guardian; no bond or security required.
Part 3 TEMPORARY GUARDIANSHIP OF MINORS.
  • 29-2-5. Petitions for temporary guardianship; requirements of petition.
  • 29-2-6. Parental consent to temporary guardianship; failure to consent; minor's preference.
  • 29-2-7. Powers of temporary guardians; medical insurance coverage for minors.
  • 29-2-8. Termination of temporary guardianship; petition for termination of guardianship.
Part 4 STANDBY GUARDIANS.
  • 29-2-9. Definitions.
  • 29-2-10. Designation of standby guardian pending health issue; required probate court filing; no bond required; parental obligation to support continues.
  • 29-2-11. (See Editor's notes.) Designation in writing; requirements of designation; form.
  • 29-2-12. Revocation of standby guardianship prior to and subsequent to health determination.
  • 29-2-13. Petition seeking temporary guardianship; automatic termination of standby guardianship.
Part 5 PERMANENT GUARDIANSHIP.
  • 29-2-14. Power of probate court to appoint guardian.
  • 29-2-15. "Biological father" defined; notice of petition for appointment of permanent guardian; protest of father; petition to legitimate.
  • 29-2-16. Individuals with preference for permanent guardianship of minor; preference not controlling.
  • 29-2-17. Petition for appointment of permanent guardian; requirements of petition; notice.
  • 29-2-18. Hearing; best interest of the child standard.
  • 29-2-19. Requirements of order granting permanent guardianship.
Article 2 Protection of Minor.
  • 29-2-20. Rights of minor; impact on testamentary capacity.
  • 29-2-21. Power of guardian over minor; obligations of guardians; liability of guardian.
  • 29-2-22. Authority of guardian; appointment of guardian ad litem.
  • 29-2-23. Conflicts of interest.
  • 29-2-24. Oath required of guardian.
  • 29-2-25. Bond requirements.
Article 3 Termination of Guardianship.
  • 29-2-30. Circumstances when guardianship terminates; delivery of property.
  • 29-2-31. Petition for order dismissing guardian.
Article 4 Violations by Guardians.
  • 29-2-40. Petition to resign guardianship; requirements; service; hearing; appointment of successor guardian.
  • 29-2-41. Appointment of successor guardian.
  • 29-2-42. Requirement of guardian to answer charges affecting obligations as guardian; revocation of guardianship; impact on other proceedings.
  • 29-2-43. Minor's cause of action for breach of guardian's fiduciary duties.
  • 29-2-44. Statute of limitations.
Article 5 Temporary Substitute Guardians.
  • 29-2-50. Appointment of temporary substitute guardian; length of service; powers; notice of appointment; application of chapter.
  • 29-2-51. Appointment of successor guardian; notice; preference to selected individuals; order of appointment.
  • 29-2-52. Delivery of property to successor guardian; reporting requirements.
Article 6 Jurisdiction. Part 1 GENERAL PROVISIONS.
  • 29-2-60. Petition for jurisdiction change; retention of jurisdiction for limited matters.
Part 2 GUARDIANSHIP APPOINTED.
  • 29-2-65. "Guardianship" defined; requirements of petition for transfer.
  • 29-2-66. Notice to minor and foreign court; requirements of notice; notice to others; waiver of notice requirements.
  • 29-2-67. Hearing on petition for receipt and acceptance of foreign guardian; stay of proceedings authorized if protest.
  • 29-2-68. Required findings of court prior to acceptance of foreign guardianship; orderly transfer; right to petition for guardianship remains.
Part 3 TRANSFER OF GUARDIANSHIP.
  • 29-2-69. Minor's move to a foreign jurisdiction; presumption of permanent move.
  • 29-2-70. Petition to transfer guardianship.
  • 29-2-71. Notice; requirements.
  • 29-2-72. Hearing.
  • 29-2-73. Required finds prior to transfer of guardianship; power of court; orderly and coordinated transfer.
Part 4 FOREIGN GUARDIAN.
  • 29-2-74. "Foreign guardian" defined; required filings; bond.
  • 29-2-75. Right of foreign guardian to bring action to enforce rights of minor.
  • 29-2-76. Filing of authenticated copy of letters of guardianship.
  • 29-2-77. Submission to jurisdiction by foreign guardian.
Cross references.

- Attorneys and guardians ad litem, § 15-11-98.

Child custody proceedings generally, § 19-9-1 et seq.

Claim by guardian or trustee of mental incompetent or minor, § 34-9-85.

Appointment of guardian for minor for purposes of administering workers' compensation benefits to which minor is entitled, § 34-9-226.

Rights and privileges of patients, and their representatives, T. 37, C. 3, Art. 6.

Editor's notes.

- Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides: "all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."

Law reviews.

- For article, "The Georgia Law of Insanity," see 3 Ga. B.J. 28 (1941). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012). For note on 1995 amendments of sections in this chapter, see 12 Ga. St. U.L. Rev. 216 (1995).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former law are included in the annotations for this Code section.

Persons dealing with guardian should examine guardian's authority.

- A guardian is in effect a special agent of the law to manage the estate of a person non sui juris, and it is incumbent upon all persons dealing with the guardian to examine the guardian's authority. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).

Guardian cannot use funds to pay third party's debt.

- Guardian cannot, with or without court order, use minor ward's funds to pay third party's debt; nor is the guardian authorized without such an order to invest the funds of the ward in bonds issued by a private corporation. Where the guardian attempts to do either, and tenders to the opposite party in the transaction, as payee, a check bearing the signature of the ward by the guardian, these facts without more are sufficient to put the payee on inquiry as to the validity of the transaction. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).

Office of guardian of minor expires by operation of law when ward attains majority. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).

Person cannot obliterate acts incident to former guardianship.

- Person of normal mental faculties cannot, after attaining majority, obliterate all transactions incident to former guardianship, and disregard all impressions received therefrom, merely because they related to events which occurred during minority. Brinsfield v. Robbins, 183 Ga. 258, 188 S.E. 7 (1936) (decided under former law).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former law are included in the annotations for this Code section.

The age of majority as to guardianships created prior to July 1, 1972 is 21. 1972 Op. Att'y Gen. No. U72-37 (decided under former law).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardians and Wards, § 5 et seq.

138 Am. Jur. Trials, Guardianships, §§ 3, 5, 42 et seq., 59.

ALR.

- Validity of appointment of guardian or curator for infant without service of process upon, or notice to, latter, 1 A.L.R. 919.

Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.

Constitutionality of statute authorizing guardian to sell or lease land of ward, 4 A.L.R. 1552.

Minority of parent as affecting right to guardianship or custody of person or estate of child, 19 A.L.R. 1043.

Surchargeability of trustee, executor, administrator, or guardian, in respect of mortgage investment, as affected by matters relating to value of property, 117 A.L.R. 871.

Right of trustee or guardian to invest trust funds in stock of private corporation, 122 A.L.R. 657.

Right of trustee or guardian to retain unauthorized securities held by testator or creator of trust, 122 A.L.R. 801; 135 A.L.R. 1528.

Right of guardian of infant or incompetent to appointment as executor or administrator as representative or substitute for infant or incompetent, 135 A.L.R. 585.

Power of guardian or committee to compromise liquidated contact claim or money judgment, and of courts to authorize or approve such a compromise, 155 A.L.R. 196.

Ownership by trustee, executor, or guardian in his own right of stock in a corporation in which he also holds stock in his fiduciary capacity, 161 A.L.R. 1038.

Power of guardian of incompetent to change beneficiary in ward's life insurance policy, 21 A.L.R.2d 1191.

Liability of incompetent's estate for torts committed by guardian, committee, or trustee in managing estate, 40 A.L.R.2d 1103.

Right of foreign personal representative or guardian to vote stock owned by estate or ward, 41 A.L.R.2d 1082.

Power of court to confirm sale of ward's property over objection of guardian, 43 A.L.R.2d 1445.

Construction and effect of instrument authorizing or directing trustee or executor to retain investments received under such instrument, 47 A.L.R.2d 187.

Authorization by trust instrument of investment of trust funds in nonlegal investments, 78 A.L.R.2d 7.

Mental incompetency of defendant at time of action as precluding annulment of marriage, 97 A.L.R.2d 483.

Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946.

Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A.L.R.3d 774.

Judgment in guardian's final accounting proceedings as res judicata in ward's subsequent action against guardian, 34 A.L.R.4th 1121.

Guardian's authority, without seeking court approval, to exercise ward's right to revoke trust, 53 A.L.R.4th 1297.

Validity of inter vivos gift by ward to guardian or conservator, 70 A.L.R.4th 499.

Involuntary disclosure or surrender of will prior to testator's death, 75 A.L.R.4th 1144.

ARTICLE 1 MINORS

PART 1 GENERAL PROVISIONS


Download our app to see the most-to-date content.