Special Jurisdiction; Emergency Appointment of Guardian

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act
  5. Jurisdiction
  6. Special Jurisdiction; Emergency Appointment of Guardian

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  1. A court of this state lacking jurisdiction under paragraphs (1) through (3) of Code Section 29-11-12 has special jurisdiction to do any of the following:
    1. Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
    2. Issue a conservatorship order with respect to real or tangible personal property located in this state; or
    3. Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Code Section 29-11-20.
  2. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

(Code 1981, §29-11-13, enacted by Ga. L. 2016, p. 563, § 1/HB 954.)


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