Required Finds Prior to Transfer of Guardianship; Power of Court; Orderly and Coordinated Transfer

1. Law
2. Georgia Code
3. Guardian and Ward
4. Guardians of Minors
5. Jurisdiction
6. Transfer of Guardianship
7. Required Finds Prior to Transfer of Guardianship; Power of Court; Orderly and Coordinated Transfer

1. The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that the:
   1. Guardian is presently in good standing with the court; and
   2. Transfer of the guardianship to the foreign jurisdiction is in the best interest of the minor.
2. In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship the court is authorized to:
   1. Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the guardianship have been performed; and
   2. Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
      1. The initial petition for guardianship and other filings relevant to the appointment of the guardian;
      2. Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship;
      3. Reports of physical and mental health practitioners describing the condition of the minor; and
      4. Periodic status reports on the condition of the minor.
3. As necessary to coordinate the transfer of the guardianship, the court is authorized to:
   1. Delay the effective date of the transfer for a reasonable period of time;
   2. Make the transfer contingent upon the acceptance of the guardianship or appointment of the guardian in the foreign jurisdiction;
   3. Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
   4. Make other arrangements that in the sound discretion of the court are necessary to transfer the guardianship.

(Code 1981, §29-2-73, enacted by Ga. L. 2004, p. 161, § 1.)

RESEARCH REFERENCES

13 Am. Jur. Pleading and Practice Forms, Guardian and Ward, § 157.

PART 4 FOREIGN GUARDIAN

29-2-74. "Foreign guardian" defined; required filings; bond.

1. For purposes of this part, the term "foreign guardian" means a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of a minor and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article.
2. Any foreign guardian of a minor who resides in any other state and who is authorized to sell and convey property of the minor may sell property of the minor which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign guardian must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment as guardian of a minor and must also file with the court or other proper authority bond with good and sufficient security in double the value of the property to be sold for the faithful execution of the guardianship as provided by law.

(Code 1981, §29-2-74, enacted by Ga. L. 2004, p. 161, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, § 217 et seq.

13 Am. Jur. Pleading and Practice Forms, Guardian and Ward, § 474 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, § 274 et seq.

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