Power to Appoint Conservator

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Minors
  5. Property
  6. Power to Appoint Conservator

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  1. The court of the county in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the minor.
  2. If a nonresident minor has property in this state, the judge of the court of the county in which the property is located may appoint a conservator who shall have control only over such property.

(Code 1981, §29-3-6, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 6/SB 534.)

Cross references.

- Jurisdiction of courts to appoint guardian of child, § 15-11-6.

Appointment of guardian ad litem in probate proceedings, § 53-3-19 (Pre-1998 Probate Code).

Provision that surviving spouse under 18 years may take share of estate without intervention of guardian, § 53-4-2(3) (Pre-1998 Probate Code).

Law reviews.

- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972). For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Ward's Right to Select
  • Jurisdiction

General Consideration

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. Laws 1850, Cobb's 1851 Digest, p. 338, former Code 1868, § 1797, former Code 1882, § 1806, former Civil Code 1895, § 2516, former Civil Code 1910, § 3036, former Code 1933, § 49-105, and former O.C.G.A. § 29-4-4 are included in the annotations for this Code section.

Probate judge has appointment power for benefit of child.

- Power of appointment is vested in ordinary (now judge of probate court), for benefit of child, not of applicant. Watson v. Warnock, 31 Ga. 716 (1861) (decided under Ga. Laws 1850, Cobb's 1851 Digest, p. 338).

Cited in Nicholson v. Spencer, 11 Ga. 607 (1852); Perkins v. Attaway, 14 Ga. 27 (1853); Wood v. Crawford, 18 Ga. 526 (1855); McBain v. Wimbish, 27 Ga. 259 (1859); Beard v. Dean, 64 Ga. 258 (1879); Bulloch v. Bulloch, 45 Ga. App. 1, 163 S.E. 708 (1932); Price v. Matthews, 68 Ga. App. 510, 23 S.E.2d 535 (1942); Beavers v. Williams, 199 Ga. 114, 33 S.E.2d 343 (1945); Henderson v. Hale, 209 Ga. 307, 71 S.E.2d 622 (1952); Sailors v. Spainhour, 98 Ga. App. 475, 106 S.E.2d 82 (1958); Adams v. Adams, 219 Ga. 633, 135 S.E.2d 428 (1964); Mathis v. Sapp, 232 Ga. 620, 208 S.E.2d 446 (1974).

Ward's Right to Select

On appeal the whole case is tried anew, and discretion of ordinary (now judge of probate court) vests in superior court for that trial. Watson v. Warnock, 31 Ga. 716 (1861) (decided under Ga. Laws 1850, Cobb's 1851 Digest, p. 338).

Jurisdiction

Infant's residence at time guardian appointed determines jurisdiction.

- Infant's place of residence at time guardian is to be appointed determines jurisdiction; hence the ordinary (now judge of probate court) who appointed the first guardian of a ward may not always appoint the guardian's successor. Harrison v. Tonge, 67 Ga. App. 54, 19 S.E.2d 535 (1942) (decided under former Code 1933, § 49-105).

No jurisdiction to appoint guardian for infant residing outside county.

- Ordinary (now judge of probate court) has no jurisdiction to appoint guardian for infant whose residence is out of the county. Rives v. Sneed, 25 Ga. 612 (1858) (decided under Ga. L. 1850, Cobb's 1851 Digest, p. 338).

Judge of residence approves guardian selection.

- It is for probate judge of ward's county of residence to approve or disapprove selection. Dickerson v. Bowen, 128 Ga. 122, 57 S.E. 326 (1907) (decided under former Civil Code 1895, § 2516).

Jurisdiction over removal and new appointments where guardian and ward leave county without removing trust, see Fouts v. Flythe, 54 Ga. App. 108, 187 S.E. 160 (1936) (decided under former Code 1933, § 49-105).

Jurisdiction is based upon presence of property within county. See Coker v. Gay, 154 Ga. 337, 114 S.E. 217 (1922) (decided under former Civil Code 1910, § 3036).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 15 et seq., 26 et seq., 31 et seq., 54 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, § 10 et seq.

ALR.

- Right of attorney, parent, guardian ad litem, or next friend to remit from verdict or judgment in favor of infant, 30 A.L.R. 1111.

Guardianship of incompetent or infant as affecting venue of action, 111 A.L.R. 167.

Consideration and weight of religious affiliations in appointment or removal of guardian for minor child, 22 A.L.R.2d 696.

Right of infant to select his own guardian, 85 A.L.R.2d 921.

Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.


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