Verification of Petitions and Returns; Consolidation and Transfer of Proceedings

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Court Proceedings
  5. Verification of Petitions and Returns; Consolidation and Transfer of Proceedings

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  1. Every petition and return filed in the court shall be verified by an oath sworn to or affirmed before the court or a notary public.
  2. Where appropriate, petitions for separate appointments, such as the appointment of a guardian and a conservator or the appointment of a guardian and an emergency guardian, may be consolidated into one petition and the filing and giving of notice of the petitions may occur simultaneously.
  3. If the petition for the appointment of a guardian or a conservator of a minor is originally filed in the court of the county in which the minor is found, on motion of either party, if found by such court to be appropriate, the case may be transferred to the court of the county of the minor's domicile.
  4. If the petition for the appointment of a guardian or a conservator of a proposed ward is originally filed in the court of the county in which the proposed ward is found or in which jurisdiction is otherwise proper under Code Section 29-11-12, on motion of either party, if found by such court to be appropriate and unless otherwise provided by Chapter 11 of this title, the case may be transferred to the court of the county of the proposed ward's domicile.

(Code 1981, §29-9-11, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 27/HB 70.)

The 2019 amendment, effective January 1, 2020, substituted the present provisions of subsection (c) for the former provisions, which read: "If the petition for the appointment of a guardian or a conservator of a minor or a proposed ward is originally filed in the county in which the minor or proposed ward is found, on motion of either party, if appropriate, the case may be transferred to the county of the minor's or proposed ward's domicile."; and added subsection (d).


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