Registration of Guardianship Order; Recordation of Order

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act
  5. Registration and Enforcement
  6. Registration of Guardianship Order; Recordation of Order

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  1. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
  2. Upon registration of a guardianship order from another state in the manner provided in subsection (a) of this Code section, the probate court of this state in which such guardianship order is registered shall:
    1. Record the certified copies of the order and letters of office in the book required to be kept by subparagraph (a)(8)(B) of Code Section 15-9-37; and
    2. Treat the registered and recorded order as a filed foreign judgment as provided in Code Section 9-12-132.
    1. The provisions of this Code section shall apply only if the other state has adopted the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act" in substantially the same form as this chapter.
    2. The provisions of paragraph (2) of subsection (b) of this Code section shall apply only if the other state has adopted the "Uniform Enforcement of Foreign Judgments Law" in substantially the same form as Article 6 of Chapter 12 of Title 9.

(Code 1981, §29-11-30, enacted by Ga. L. 2016, p. 563, § 1/HB 954; Ga. L. 2019, p. 693, § 32/HB 70.)

The 2019 amendment, effective January 1, 2020, substituted the present provisions of this Code section for the former provisions, which read: "If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office. The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act' in substantially the same form."

Editor's notes.

- The Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act, referred to in this Code section, is codified at O.C.G.A. § 29-11-1 et seq.


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