Required Findings Prior to Granting Petition to Transfer; Orderly and Coordinated Transfer of Conservatorship

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

1. The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:
   1. The conservator is presently in good standing with the court; and
   2. The transfer of the conservatorship 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 conservatorship, 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 conservatorship have been performed;
   2. Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
      1. The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
      2. Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;
      3. Reports of physical or mental health practitioners describing the condition of the minor; and
      4. Periodic status reports on the condition of the minor and the minor's assets; and
   3. Require the conservator to file an inventory of the minor's property at the time of the transfer to the foreign jurisdiction.
3. As necessary to coordinate the transfer of the conservatorship 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 conservatorship or appointment 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 accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
   4. Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.

(Code 1981, §29-3-114, enacted by Ga. L. 2004, p. 161, § 1.)

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