Judge's Discretion on Notice, Service, and Additional Time for Proceedings; Additional Notice Requirements for Persons Residing in Another State

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  2. Georgia Code
  3. Guardian and Ward
  4. Court Proceedings
  5. Judge's Discretion on Notice, Service, and Additional Time for Proceedings; Additional Notice Requirements for Persons Residing in Another State

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  1. The probate judge may direct any additional service or notice or extend the time to respond to any proceedings covered by this title as the judge may determine to be proper in the interest of due process and reasonable opportunity for any party or interest to be heard.
  2. If a petition for appointment of a guardian or conservator is filed and the petition lists any state in which the proposed ward was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of the petition or ending within the six months prior to the filing of the petition pursuant to paragraph (17) of subsection (b) of Code Section 29-4-10 or paragraph (19) of subsection (b) of Code Section 29-5-10, in addition to any other notice requirements, notice shall be given by the court to those persons who reside in such other state who are named in the petition pursuant to paragraphs (7) through (9) of subsection (b) of Code Section 29-4-10 or paragraphs (8) through (10) of subsection (b) of Code Section 29-5-10 in such additional manner as the court determines might be reasonably calculated to give actual notice to such persons. Such additional manner may include the publication of notice in the county of such other state in which the proposed ward was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of the petition.

(Code 1981, §29-9-7, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2013, p. 884, § 3/HB 446.)


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