One Click Case Law for § 29-4-85
O.C.G.A. § 29-4-80 <-- --> O.C.G.A. §29-4-86

2010 Georgia Code

TITLE 29 - GUARDIAN AND WARD

CHAPTER 4 - GUARDIANS OF ADULTS
ARTICLE 9 - JURISDICTION
PART 2 - PROCEDURE
§ 29-4-85 - "Guardianship" defined; requirements for petition for transfer of guardianship

O.C.G.A. 29-4-85 (2010)
29-4-85. "Guardianship" defined; requirements for petition for transfer of guardianship


(a) For purposes of this part and Part 3 of this article, the term "guardianship" refers to a legal relationship in which a person is given responsibility by a foreign court of competent jurisdiction for the care of an incapacitated adult, referred to as the "ward," thereby becoming a guardian.

(b) A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the county in this state where the ward resides or may reside.

(c) The petition shall include the following:

(1) An authenticated copy of the foreign guardianship order including:

(A) All attachments describing the duties and powers of the guardian; and

(B) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;

(2) The address of the foreign court which issued the guardianship order;

(3) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;

(4) The petitioner's name, address, and county of domicile;

(5) The name, age, and address of the ward;

(6) The names and addresses of the following, if living:

(A) The spouse of the ward; and

(B) All children of the ward; or

(C) If there are no adult children, then at least two adults in the following order of priority:

(i) Lineal descendants of the ward;

(ii) Parents and siblings of the ward; and

(iii) Friends of the ward;

(7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other guardian currently serving;

(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel or guardian ad litem appointed by the foreign court for the ward;

(9) The name and address of the ward's conservator, if any; and

(10) The reason the transfer is in the ward's best interest.

(c) The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.