"Guardianship" Defined; Requirements of Petition for Transfer

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Minors
  5. Jurisdiction
  6. Guardianship Appointed
  7. "Guardianship" Defined; Requirements of Petition for Transfer

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  1. For purposes of this part and Part 3 of this article, the term "guardianship" refers to a legal relationship in which a person is given responsibility by a foreign court for the care of a minor, thereby becoming a guardian.
  2. A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the county in this state where the minor resides or may reside.
  3. The petition shall include the following:
    1. An authenticated copy of the foreign guardianship order including:
      1. All attachments describing the duties and powers of the guardian; and
      2. All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;
    2. The address of the foreign court which issued the guardianship order;
    3. A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
    4. The petitioner's name, address, and county of domicile;
    5. The name, age, and current address of the minor and the new or proposed address of the minor;
    6. The names and current addresses of the adult siblings of the minor, if any;
    7. The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other person currently serving as guardian;
    8. The name and address of any person currently acting as legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
    9. The name and address of the minor's conservator, if any; and
    10. The reason the transfer is in the minor's best interest.
  4. The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.

(Code 1981, §29-2-65, enacted by Ga. L. 2004, p. 161, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, the second subsection (c), as enacted by Ga. L. 2004, p. 161, was redesignated as subsection (d).


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