Inquiry Into Unjust Denial of Rights or Privileges of Ward

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Adults
  5. Review and Termination of Guardianship
  6. Inquiry Into Unjust Denial of Rights or Privileges of Ward

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  1. Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, if any, and the ward's conservator, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.
  2. No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.

(Code 1981, §29-4-40, enacted by Ga. L. 2004, p. 161, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, § 185 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 80 et seq., 255 et seq.

ALR.

- Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.

Official bond of executor, administrator, guardian, or trustee as covering appeal taken by him, 132 A.L.R. 1280.


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