Termination of Temporary Guardianship; Petition for Termination of Guardianship

1. Law
2. Georgia Code
3. Guardian and Ward
4. Guardians of Minors
5. Minors
6. Temporary Guardianship of Minors
7. Termination of Temporary Guardianship; Petition for Termination of Guardianship

1. A temporary guardianship shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, the temporary guardian dies, letters of guardianship are issued to a permanent or testamentary guardian, or a court order terminating the temporary guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court may order a hearing in an appropriate case.
2. Either natural guardian of the minor may at any time petition the court to terminate a temporary guardianship; provided, however, that notice of such petition shall be provided to the temporary guardian. If no objection to the termination is filed by the temporary guardian within ten days of the notice, the court shall order the termination of the temporary guardianship. If the temporary guardian objects to the termination of the temporary guardianship within ten days of the notice, the court shall have the option to hear the objection or transfer the records relating to the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or termination of the temporary guardianship is in the best interest of the minor.

(Code 1981, §29-2-8, 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.

Best interest standard requires clear and convincing evidence of harm to the child.

- Best interests of the child standard in O.C.G.A. § 29-2-8(b) required a guardian to prove by clear and convincing evidence that the child would suffer physical or emotional harm if custody were awarded to the biological parent and that continuation of the guardianship would promote the child's welfare and happiness. With this narrowing construction, the best interest of the child standard in § 29-2-8(b) was constitutional. Boddie v. Daniels, 288 Ga. 143, 702 S.E.2d 172 (2010).

In a mother's petition to terminate her parents' temporary guardianship over her child under O.C.G.A. § 15-11-14, the trial court erred in failing to consider whether the grandparents proved by clear and convincing evidence that termination would cause the child physical or long-term emotional harm; therefore, remand was required for further consideration. In the Interest of K. M., 344 Ga. App. 838, 811 S.E.2d 505 (2018).

Petition to terminate temporary guardianship denied.

- Mother's petition to terminate the temporary guardianship was properly denied because the temporary guardian and the temporary guardian's wife had been the caretakers of the child for the vast majority of the child's life, since the mother gave the child up; the child had formed a psychological bond with the temporary guardian and the wife, calling them "mommy" and "daddy," while referring to the mother by the mother's first name; the mother had emotionally, physically, and financially neglected the child for the vast majority of the child's life; and continuation of the temporary guardianship would best promote the child's welfare and happiness given that the child had bonded with, and thrived in the care of, the temporary guardian. In the Interest of J. L., 352 Ga. App. 125, 834 S.E.2d 141 (2019).

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).

PART 4 STANDBY GUARDIANS

29-2-9. Definitions.

As used in this part, the term:

1. "Designating individual" means a parent or guardian who appoints a standby guardian. A designating individual may only be:
   1. A parent of a minor, provided that he or she has physical custody of the minor and his or her parental rights have not terminated; and provided, further, that the other parent of the minor is deceased, has had his or her parental rights terminated, cannot be found after a diligent search has been made, or has consented to the designation of and service by the standby guardian; or
   2. A guardian of the minor who is duly appointed and serving pursuant to court order.
2. "Health care professional" means a person licensed to practice medicine under Chapter 34 of Title 43 or a person licensed as a registered professional nurse under Chapter 26 of Title 43 and authorized by the Georgia Board of Nursing to practice as a nurse practitioner.
3. "Health determination" means the dated, written determination by a health care professional that a designating individual is unable to care for a minor due to the designating individual's physical or mental condition or health including a condition created by medical treatment.
4. "Standby guardian" means an adult who is named by a designating individual to serve as standby guardian of the minor.

(Code 1981, §29-2-9, enacted by Ga. L. 2004, p. 161, § 1.)

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