(Code 1981, §29-4-2, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 509, § 2/HB 394; Ga. L. 2009, p. 453, § 2-2/HB 228.)
Editor's notes.- Ga. L. 2005, p. 509, § 9/HB 394, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-5-2 are included in the annotations for this Code section.
Failure to explain reason for selection of county guardian.
- Probate court, when selecting a new guardian for appellant, erred in failing to consider appellant's next of kin; because the hearing was not recorded, and because the order failed to explain the reason the probate court selected the county guardian as the new guardian, the record supported appellant's argument that the probate court failed to consider the statutory preferences of former O.C.G.A. § 29-5-2(c) in naming a new guardian. In re Phillips, No. A02A2368, Ga. App. , S.E.2d (Oct. 9, 2002) (decided under former O.C.G.A. § 29-5-2).
Cited in Twitty v. Akers, 218 Ga. App. 467, 462 S.E.2d 418 (1995); Gary v. Weiner, 233 Ga. App. 284, 503 S.E.2d 898 (1998).
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Guardian and Ward, §§ 41, 42, 43, 46 et seq.
C.J.S.- 57 C.J.S., Mental Health, § 135 et seq.