Required Findings Prior to Granting Foreign Conservatorship; Inventory; Applicable Law; Orderly Transfer

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Minors
  5. Foreign Conservatorships
  6. Procedure
  7. Required Findings Prior to Granting Foreign Conservatorship; Inventory; Applicable Law; Orderly Transfer

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  1. The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:
    1. The conservator is presently in good standing with the foreign court; and
    2. The transfer of the conservatorship from the foreign jurisdiction is in the best interest of the minor.
  2. The court may require the conservator to file an inventory of the minor's property at the time of the transfer from the foreign jurisdiction.
  3. Subject to subsection (d) of this Code section, at all times following the entry of the order accepting the guardianship, the laws of the State of Georgia shall apply to the conservatorship.
  4. In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
    1. Delay the effective date of the receipt and acceptance for a reasonable period of time;
    2. Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction;
    3. Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or
    4. Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the conservatorship.
  5. The denial of a petition for receipt and acceptance of the foreign conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section 29-3-8.

(Code 1981, §29-3-108, enacted by Ga. L. 2004, p. 161, § 1.)


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