Petition for Appointment of Permanent Guardian; Requirements of Petition; Notice

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Minors
  5. Minors
  6. Permanent Guardianship
  7. Petition for Appointment of Permanent Guardian; Requirements of Petition; Notice

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  1. Any interested person may file a petition for the appointment of a permanent guardian of a minor.
  2. The petition for appointment of a permanent guardian shall set forth:
    1. A statement of the facts upon which the court's jurisdiction is based;
    2. The name, address, and date of birth of the minor;
    3. The name, address, and county of domicile of the petitioner and the petitioner's relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to the minor, if any;
    4. A statement that the minor has no natural guardian, testamentary guardian, or permanent guardian;
    5. A statement of whether the child was born out of wedlock and, if so, the name and address of the biological father, if known;
    6. Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of the minor that deals with the guardianship of the minor and the name and address of any designee named in the document;
    7. In addition to the petitioner and the nominated guardian, the names and addresses of the following relatives of the minor whose whereabouts are known:
      1. The adult siblings of the minor; provided, however, that not more than three adult siblings need to be listed;
      2. If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be listed; or
      3. If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1;
    8. Whether a temporary guardian has been appointed for the minor or a petition for the appointment of a temporary guardian has been filed or is being filed; and
    9. The reason for any omission in the petition for appointment of a permanent guardian for a minor in the event full particulars are lacking.
  3. In addition to the notice required by Code Section 29-2-15, notice of the petition for appointment of a permanent guardian for a minor shall be given to any designee named in paragraph (6) of subsection (b) of this Code section and the individuals named in paragraph (7) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a permanent guardianship or to the selection of the petitioner as permanent guardian, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.
  4. If the judge deems it necessary, a temporary guardian may be appointed under the same rules that apply to the appointment of a temporary administrator.

(Code 1981, §29-2-17, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2011, p. 752, § 29/HB 142.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 60, 61.

C.J.S.

- 39 C.J.S., Guardian and Ward, § 33 et seq.

ALR.

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

Necessity and sufficiency of notice to alleged incompetent of application for appointment of guardian or committee, 23 A.L.R. 594.

Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.


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