Powers of Temporary Guardians; Medical Insurance Coverage for Minors

1. Law
2. Georgia Code
3. Guardian and Ward
4. Guardians of Minors
5. Minors
6. Temporary Guardianship of Minors
7. Powers of Temporary Guardians; Medical Insurance Coverage for Minors

1. Except as otherwise provided by law, a temporary guardian shall be entitled to exercise any of the powers of a natural guardian. The court in its discretion may waive the requirement that a temporary guardian file the personal status reports that are required by paragraph (8) of subsection (b) of Code Section 29-2-21.
2. If a temporary guardian, in writing, assumes the obligation to support the minor while the temporary guardianship is in effect, to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the minor the temporary guardianship shall be deemed to be a permanent guardianship.

(Code 1981, §29-2-7, enacted by Ga. L. 2004, p. 161, § 1.)

Law reviews.

- For annual survey article discussing wills, trusts and administration of estates, see 52 Mercer L. Rev. 481 (2000). For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-4-4.1 are included in the annotations for this Code section.

Temporary guardianship dissolved.

- Under former O.C.G.A. § 29-4-4.1(c), the trial court correctly dissolved guardianship under former § 29-4-4.1 since guardianship at time of its creation was intended to be or was represented to be temporary in nature. Hays v. Jeng, 184 Ga. App. 157, 360 S.E.2d 913 (1987) (decided under former O.C.G.A. § 29-4-4.1)

Appointment to provide health insurance denied.

- Since the child was living with the mother, who was not alleged to be incompetent or under any duress or difficulty with respect to her parental responsibilities, the court properly refused to appoint a temporary guardian solely for the provision of health insurance. In re Roscoe, 242 Ga. App. 440, 529 S.E.2d 897 (2000) (decided under former O.C.G.A. § 29-4-4.1)

Cited in Brown v. King, 193 Ga. App. 495, 388 S.E.2d 400 (1989).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-4-4.1 are included in the annotations for this Code section.

Cannot appoint permanent guardian where child has living parent.

- Unless an appointment of a temporary guardian was made under former O.C.G.A. § 29-4-4.1, a probate court was without authority to appoint a guardian of the person for a minor child if the child had living parents, unless the parents relinquished or forfeited their rights in the child. 1983 Op. Att'y Gen. No. U83-37 (decided under former O.C.G.A. § 29-4-4.1).

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