Removal to Jurisdiction Where Ward Resides; Appointment of Guardian Ad Litem; Certification and Transfer of Records; Scope of Jurisdiction

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Adults
  5. Jurisdiction
  6. General Provisions
  7. Removal to Jurisdiction Where Ward Resides; Appointment of Guardian Ad Litem; Certification and Transfer of Records; Scope of Jurisdiction

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  1. A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the ward resides.
  2. Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of the county in which the guardian was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the ward.
  3. Before the removal of the guardianship to another county in this state, the guardian shall file with the court of the county to which the guardianship is to be removed certified copies of all the records pertaining to the guardianship.
  4. Following removal of a guardianship to another county in this state, the court of that county shall have the same jurisdiction over the guardian as if the guardian had been first appointed in that county, and every case growing out of or affecting the guardianship shall be heard and tried only in the county to which the guardianship has been removed.
  5. The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a guardian shall retain jurisdiction of such matters even though the guardianship has been removed to another county.

(Code 1981, §29-4-80, enacted by Ga. L. 2004, p. 161, § 1.)

RESEARCH REFERENCES

ALR.

- Guardianship of incompetent or infant as affecting venue of action, 11 A.L.R. 167.

PART 2 PROCEDURE

29-4-85 through 29-4-88.

Reserved. Repealed by Ga. L. 2016, p. 563, § 2/HB 954, effective July 1, 2016.

Editor's notes.

- This part was based on Code 1981, §§ 29-4-85 through29-4-88, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.

PART 3 TRANSFER OF GUARDIANSHIP

29-4-90 through 29-4-94.

Reserved. Repealed by Ga. L. 2016, p. 563, § 2/HB 954, effective July 1, 2016.

Editor's notes.

- This part was based on Code 1981, §§ 29-4-90 through29-4-98, enacted by Ga. L. 2004, p. 161, § 1.

PART 4 RIGHTS AND RESPONSIBILITIES OF FOREIGN GUARDIANS

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, § 274 et seq.


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