Petition of Guardian for Dismissal; Order of Dismissal

1. Law
2. Georgia Code
3. Guardian and Ward
4. Guardians of Adults
5. Review and Termination of Guardianship
6. Petition of Guardian for Dismissal; Order of Dismissal

1. Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of Code Section 29-4-22. Notice shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed.
2. If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. An order dismissing the guardian shall not bar an action against the guardian.

(Code 1981, §29-4-43, enacted by Ga. L. 2004, p. 161, § 1.)

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, § 41 et seq.

ALR.

- Rate of interest chargeable against guardians, executors or administrators, and trustees, 112 A.L.R. 833; 156 A.L.R. 936.

Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757.

Guardian's position as joint tenant of or successor to property in ward's estate as raising conflict of interest, 69 A.L.R.3d 1198.

ARTICLE 6 ALTERNATIVE OR SUCCESSOR GUARDIANS

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