2010 Georgia Code 29-4-61 Case Law
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One Click Case Law for § 29-4-61
O.C.G.A. § 29-4-60 <-- --> O.C.G.A. §29-4-62



2010 Georgia Code

TITLE 29 - GUARDIAN AND WARD

CHAPTER 4 - GUARDIANS OF ADULTS
ARTICLE 7 - TEMPORARY SUBSTITUTE GUARDIANS
§ 29-4-61 - Appointment of successor guardian and legal counsel; notice to interested parties; hearing

O.C.G.A. 29-4-61 (2010)
29-4-61. Appointment of successor guardian and legal counsel; notice to interested parties; hearing


(a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-11.

(b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:

(1) The spouse of the ward; and

(2) All adult children of the ward; or

(3) If there is no adult child, then at least two adults in the following order of priority:

(A) Lineal descendants of the ward;

(B) Parents and siblings of the ward; and

(C) Friends of the ward.

(c) After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com