Georgia Guardianship and Conservatorship Code

Last updated 9/26/2025

Georgia’s Guardianship and Conservatorship Code was substantially re-written in 2004, with an effective date of 2005. Prior to that time, most guardianship and conservatorships were plenary. One of the goals when the code was re-written was to ensure that the least restrictive protective action is imposed when imposing a guardianship and conservatorship.

Our intent is to use the Code to bind together other articles on this website concerning guardianships and conservatorships. This project will take time. Meanwhile, the Code is subject to change each year. Other sources of the guardianship and conservatorship code are linked in the “Additional Resources section below.

Georgia Guardianship and Conservatorship Code

General Provisions

Chapter 1 – GENERAL PROVISIONS (§§ 29-1-1 — 29-1-2)

Section 29-1-1 – Definitions
Section 29-1-2 – [Repealed]

Guardians of Minors

Chapter 2 – GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78)

Article 1 – MINORS (§§ 29-2-1 — 29-2-19)

Part 1 – GENERAL PROVISIONS (§§ 29-2-1 — 29-2-2)

Section 29-2-1 – Categories of guardians for minors
Section 29-2-2 – Qualified individuals to serve as guardian of minor

Part 2 – PARENTAL RIGHTS IN GUARDIAN SELECTION (§§ 29-2-3 — 29-2-4)

Section 29-2-3 – Guardian of minor children in event of divorce; death of spouse or former spouse
Section 29-2-4 – Nomination of testamentary guardian; no bond or security required

Part 3 – TEMPORARY GUARDIANSHIP OF MINORS (§§ 29-2-5 — 29-2-8)

Section 29-2-5 – Petitions for temporary guardianship; requirements of petition
Section 29-2-6 – Parental consent to temporary guardianship; failure to consent; minor’s preference; transfer to juvenile court
Section 29-2-7 – Powers of temporary guardians; medical insurance coverage for minors
Section 29-2-8 – Termination of temporary guardianship; petition for termination of guardianship

Part 4 – STANDBY GUARDIANS (§§ 29-2-9 — 29-2-13)

Section 29-2-9 – Definitions
Section 29-2-10 – Designation of standby guardian pending health issue; required probate court filing; no bond required; parental obligation to support continues
Section 29-2-10.1 – through 29-2-10.17 – [Repealed] Section 29-2-11 – Designation in writing; requirements of designation; form
Section 29-2-12 – Revocation of standby guardianship prior to and subsequent to health determination
Section 29-2-13 – Petition seeking temporary guardianship; automatic termination of standby guardianship

Part 5 – PERMANENT GUARDIANSHIP (§§ 29-2-14 — 29-2-19)

Section 29-2-14 – Power of probate court to appoint guardian
Section 29-2-15 – “Biological father” defined; notice of petition for appointment of permanent guardian; protest of father; petition to legitimate
Section 29-2-16 – Individuals with preference for permanent guardianship of minor; preference not controlling
Section 29-2-17 – Petition for appointment of permanent guardian; requirements of petition; notice
Section 29-2-18 – Hearing; best interest of the child standard
Section 29-2-19 – Requirements of order granting permanent guardianship

Article 2 – PROTECTION OF MINOR (§§ 29-2-20 — 29-2-25)

Section 29-2-20 – Rights of minor; impact on testamentary capacity
Section 29-2-21 – Power of guardian over minor; obligations of guardians; liability of guardian
Section 29-2-22 – Authority of guardian; appointment of guardian ad litem
Section 29-2-23 – Conflicts of interest
Section 29-2-24 – Oath required of guardian
Section 29-2-25 – Bond requirements

Article 3 – TERMINATION OF GUARDIANSHIP (§§ 29-2-30 — 29-2-31)

Section 29-2-30 – Circumstances when guardianship terminates; delivery of property
Section 29-2-31 – Petition for order dismissing guardian

Article 4 – VIOLATIONS BY GUARDIANS (§§ 29-2-40 — 29-2-45)

Section 29-2-40 – Petition to resign guardianship; requirements; service; hearing; appointment of successor guardian
Section 29-2-41 – Appointment of successor guardian
Section 29-2-41.1 – [Repealed] Section 29-2-42 – Requirement of guardian to answer charges affecting obligations as guardian; revocation of guardianship; impact on other proceedings
Section 29-2-42.1 – [Repealed] Section 29-2-43 – Minor’s cause of action for breach of guardian’s fiduciary duties
Section 29-2-44 – Statute of limitations
Section 29-2-45 – through 29-2-49 – [Repealed]

Article 5 – TEMPORARY SUBSTITUTE GUARDIANS (§§ 29-2-50 — 29-2-52)

Section 29-2-50 – Appointment of temporary substitute guardian; length of service; powers; notice of appointment; application of chapter
Section 29-2-51 – Appointment of successor guardian; notice; preference to selected individuals; order of appointment
Section 29-2-52 – Delivery of property to successor guardian; reporting requirements

Article 6 – JURISDICTION (§§ 29-2-60 — 29-2-78)

Part 1 – GENERAL PROVISIONS (§ 29-2-60)

Section 29-2-60 – Petition for jurisdiction change; retention of jurisdiction for limited matters

Part 2 – GUARDIANSHIP APPOINTED (§§ 29-2-65 — 29-2-68)

Section 29-2-65 – “Guardianship” defined; requirements of petition for transfer
Section 29-2-66 – Notice to minor and foreign court; requirements of notice; notice to others; waiver of notice requirements
Section 29-2-67 – Hearing on petition for receipt and acceptance of foreign guardian; stay of proceedings authorized if protest
Section 29-2-68 – Required findings of court prior to acceptance of foreign guardianship; orderly transfer; right to petition for guardianship remains

Part 3 – TRANSFER OF GUARDIANSHIP (§§ 29-2-69 — 29-2-73)

Section 29-2-69 – Minor’s move to a foreign jurisdiction; presumption of permanent move
Section 29-2-70 – Petition to transfer guardianship
Section 29-2-71 – Notice; requirements
Section 29-2-72 – Hearing
Section 29-2-73 – Required finds prior to transfer of guardianship; power of court; orderly and coordinated transfer

Part 4 – FOREIGN GUARDIAN (§§ 29-2-74 — 29-2-78)

Section 29-2-74 – “Foreign guardian” defined; required filings; bond
Section 29-2-75 – Right of foreign guardian to bring action to enforce rights of minor
Section 29-2-76 – Filing of authenticated copy of letters of guardianship
Section 29-2-77 – Submission to jurisdiction by foreign guardian
Section 29-2-78 – through 29-2-85 – [Repealed]

Conservatorships for Minors

Chapter 3 – CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120)

Article 1 – PROPERTY (§§ 29-3-1 — 29-3-10)

Section 29-3-1 – Natural guardian or next friend must qualify as conservator; exception
Section 29-3-2 – Release of debtor when collection doubtful
Section 29-3-3 – Compromise of claim; settlement
Section 29-3-4 – Disqualifications of conservator
Section 29-3-5 – Nomination of testamentary conservator; no notice, bond, or security required; rights, powers, and duties
Section 29-3-6 – Power to appoint conservator
Section 29-3-7 – Preference among individuals for appointment of conservator; court’s ability to ignore preference for best interest of minor
Section 29-3-8 – Petition for appointment of conservator for minor; requirements of petition; notice
Section 29-3-9 – Hearing
Section 29-3-10 – Requirements of order granting conservatorship; required filing of certificate

Article 2 – RIGHTS OF MINOR AND OBLIGATIONS OF CONSERVATOR (§§ 29-3-20 — 29-3-24)

Section 29-3-20 – Rights of minor; effect on testamentary capacity
Section 29-3-21 – Obligations of conservator; liability of conservator
Section 29-3-22 – Power of conservator; cooperation with guardian of minor
Section 29-3-23 – Rights of conservator to property; disclosure of conflicts of interest
Section 29-3-24 – Oath of conservator

Article 3 – PROPERTY OBLIGATIONS OF CONSERVATOR (§§ 29-3-30 — 29-3-36)

Section 29-3-30 – Inventory of minor’s property; plan for managing, expending, and distributing minor’s property
Section 29-3-31 – Retention of property or securities; exchange or conversion of assets
Section 29-3-32 – Investment of funds
Section 29-3-33 – Investment in securities; open-end or closed-end management type investments; conflicts of interest
Section 29-3-34 – Investment decisions must coincide with those of a prudent person; acquiring and retention of assets
Section 29-3-35 – Sale of perishable property of minor; sale of stock; disposition of other property; appointment of guardian ad litem; full return to court required; authority of temporary substitute conservator
Section 29-3-36 – Estate plan for minor; appointment of guardian ad litem; considerations prior to property transfer

Article 4 – BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49)

Section 29-3-40 – Bond required; exception; recording of bonds
Section 29-3-41 – Requirements of bond; term and value of bond; appointment without bond; substantial compliance sufficient
Section 29-3-42 – Reduction of bond
Section 29-3-43 – Requirement of additional bond; notice in event of sureties deficiencies; revocation of letters of conservatorship
Section 29-3-44 – Payment of bond premium
Section 29-3-45 – Responsibility of surety in event appointment of conservator void
Section 29-3-46 – Joint and several obligation
Section 29-3-47 – Levy upon property authorized; writ of execution authorized
Section 29-3-48 – Levy upon surety then conservator
Section 29-3-49 – Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement

Article 5 – COMPENSATION OF CONSERVATORS (§§ 29-3-50 — 29-3-54)

Section 29-3-50 – Amount of compensation conservator owed; compensation to multiple conservators; failure to make annual returns results in forfeiture; renouncing of compensation
Section 29-3-51 – Allowance for reasonable expenses
Section 29-3-52 – Petition for larger compensation; procedural requirements
Section 29-3-53 – Compensation from corporation or business enterprise; effect of compensation; purpose of provisions
Section 29-3-54 – Compensation of temporary substitute conservator; reduction of conservator’s compensation

Article 6 – ACCOUNTING FOR ASSETS (§§ 29-3-60 — 29-3-64)

Section 29-3-60 – Annual filing of verified return; change of reporting period; production of documents; effect of failure to file return
Section 29-3-61 – Interim settlement of accounts; reporting and requirements of report; procedure for objecting
Section 29-3-62 – Objections to conservator’s interim settlement of accounts; hearing
Section 29-3-63 – Judgment against conservator and surety
Section 29-3-64 – Termination of conservatorship

Article 7 – TERMINATION OF CONSERVATORSHIP (§§ 29-3-70 — 29-3-71)

Section 29-3-70 – Petition for order of dismissal of conservatorship; final return; notice; order of dismissal
Section 29-3-71 – Final settlements; settlement period; examination of returns and accounts by court; return of property to minor

Article 8 – SUCCESSOR CONSERVATORS (§§ 29-3-80 — 29-3-84)

Section 29-3-80 – Required showing for resignation of conservator; name of suitable alternate required; notice; order appointing successor conservator
Section 29-3-81 – Individuals entitled to notice; appointment of successor conservator; turning over of property
Section 29-3-82 – Suspension of conservatorship or imposition of sanctions; power of court; liability of conservator
Section 29-3-83 – Cause of action for breach of conservator’s duties; remedies available to minor
Section 29-3-84 – Statute of limitations

Article 9 – TEMPORARY SUBSTITUTE CONSERVATORS (§§ 29-3-90 — 29-3-92)

Section 29-3-90 – Appointment of temporary substitute conservator; length of appointment; powers; notice; removal
Section 29-3-91 – Appointment of successor conservator; notice; hearing and bond requirements
Section 29-3-92 – Delivery of property; annual return; liability of surety

Article 10 – FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120)

Part 1 – GENERAL PROVISIONS (§ 29-3-100)

Section 29-3-100 – Petition for removal to jurisdiction where minor resides; appointment of guardian ad litem; bond; authority; liability of surety; retention of jurisdiction by initial court

Part 2 – PROCEDURE (§§ 29-3-105 — 29-3-108)

Section 29-3-105 – “Conservatorship” defined; petition for transfer of jurisdiction; requirements of petition
Section 29-3-106 – Notice and other procedural requirements
Section 29-3-107 – Hearing
Section 29-3-108 – Required findings prior to granting foreign conservatorship; inventory; applicable law; orderly transfer

Part 3 – JURISDICTION (§§ 29-3-110 — 29-3-114)

Section 29-3-110 – Transfer of jurisdiction in event minor has permanently moved; determining minor’s residential status; filings
Section 29-3-111 – Requirements of petition to transfer conservatorship
Section 29-3-112 – Notice
Section 29-3-113 – Hearing
Section 29-3-114 – Required findings prior to granting petition to transfer; orderly and coordinated transfer of conservatorship

Part 4 – CONSERVATOR (§§ 29-3-115 — 29-3-120)

Section 29-3-115 – “Foreign conservator” defined; sale of minor’s property
Section 29-3-116 – Right of foreign conservator to bring action
Section 29-3-117 – Filing of letters of conservatorship
Section 29-3-118 – Submission of foreign conservator to jurisdiction
Section 29-3-119 – Rights of interested parties prior to sale of minor’s assets
Section 29-3-120 – Payment of funds or return of property to foreign conservator on minor’s behalf

Guardians of Adults

Chapter 4 – GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98)

Article 1 – GENERAL PROVISIONS (§§ 29-4-1 — 29-4-3)

Section 29-4-1 – Prerequisite findings prior to appointment of guardian for adult; extent of guardianship
Section 29-4-2 – Qualifications of guardians selected for adults
Section 29-4-3 – Order of preference in selection of guardians; written request nominating guardian; requirements of writing

Article 2 – PROCEDURE FOR APPOINTMENT (§§ 29-4-10 — 29-4-18)

Section 29-4-10 – Petition for appointment of guardian; requirements for petition
Section 29-4-11 – Prerequisite judicial finding of probable cause; notice; petition; evaluations; reporting requirements
Section 29-4-12 – Judicial review of pleadings and evaluation report; findings; hearing
Section 29-4-13 – Requirements of order granting guardianship; service
Section 29-4-14 – Petition for appointment of emergency guardian; requirements of petition
Section 29-4-15 – Prerequisite findings prior to appointment of emergency guardian; evaluation; notice; hearing
Section 29-4-16 – Conduct of emergency guardianship hearing; limitations on emergency guardianship
Section 29-4-17 – [Repealed] Responsibility for paying expenses of any hearing
Section 29-4-18 – Temporary medical consent guardianship

Article 3 – PROTECTION OF THE WARD (§§ 29-4-20 — 29-4-25)

Section 29-4-20 – Rights of the ward; impact on voting and testamentary capacity
Section 29-4-21 – Rights and privileges removed from ward upon appointment of guardian
Section 29-4-22 – Decisions on ward’s well-being; obligations of guardian; liability of guardian
Section 29-4-23 – Powers and rights of guardian; appointment of guardian ad litem; coordination and cooperation with conservator or others
Section 29-4-24 – Disclosure of conflicts of interest
Section 29-4-25 – Oath or affirmation of guardian

Article 4 – REQUIREMENT OF GUARDIAN (§ 29-4-30)

Section 29-4-30 – Bond; recording of bond; payment of bond premium

Article 5 – REVIEW AND TERMINATION OF GUARDIANSHIP (§§ 29-4-40 — 29-4-43)

Section 29-4-40 – Inquiry into unjust denial of rights or privileges of ward
Section 29-4-41 – Modification of guardianship
Section 29-4-42 – Termination of guardianship; required evidence; burden of proof; return of property
Section 29-4-43 – Petition of guardian for dismissal; order of dismissal

Article 6 – ALTERNATIVE OR SUCCESSOR GUARDIANS (§§ 29-4-50 — 29-4-55)

Section 29-4-50 – Resignation of guardian; required showing; alternative guardian; individuals entitled to notice; hearing
Section 29-4-51 – Appointment of successor guardian; notice to interested individuals; hearing; order
Section 29-4-52 – Revocation or suspension of guardianship; investigation; impact on other proceedings
Section 29-4-53 – Breach of fiduciary duty by guardian
Section 29-4-54 – Statute of limitations
Section 29-4-55 – [Repealed]

Article 7 – APPOINTMENT OF TEMPORARY AND SUCCESSOR GUARDIAN (§§ 29-4-60 — 29-4-62)

Section 29-4-60 – Appointment of temporary substitute guardian; period of service; service on ward; removal
Section 29-4-61 – Appointment of successor guardian and legal counsel; notice to interested parties; hearing
Section 29-4-62 – Delivery of property and final report from predecessor guardian

Article 8 – APPELLATE PROCEEDINGS (§ 29-4-70)

Section 29-4-70 – Right of ward to appeal; procedure; appointment of emergency guardian

Article 9 – JURISDICTION (§§ 29-4-80 — 29-4-98)

Part 1 – GENERAL PROVISIONS (§ 29-4-80)

Section 29-4-80 – Removal to jurisdiction where ward resides; appointment of guardian ad litem; certification and transfer of records; scope of jurisdiction

Part 2 – PROCEDURE (§ 29-4-85)

Section 29-4-85 – through 29-4-88 – Reserved

Part 3 – TRANSFER (§ 29-4-90)

Section 29-4-90 – through 29-4-94 – Reserved

Part 4 – FOREIGN GUARDIANS (§§ 29-4-95 — 29-4-98)

Section 29-4-95 – “Foreign guardian” defined; sale of ward’s property
Section 29-4-96 – Power to recover property
Section 29-4-97 – Required filings with clerk of court
Section 29-4-98 – Submission to jurisdiction; registration of guardianship order

Conservators of Adults

Article 1 – CONSERVATORS (§§ 29-5-1 — 29-5-5)

Section 29-5-1 – Conservator for adults; best interest of the adult; no presumption of need for conservator; objective of conservatorship
Section 29-5-2 – Qualifications of conservator of adult
Section 29-5-3 – Order of preference in selecting conservator; nomination of individual to serve as conservator; requirements of nomination
Section 29-5-4 – Affidavit on property or value of estate; payment, transfer, or delivery pursuant to affidavit
Section 29-5-5 – et seq – [Repealed]

Article 2 – APPOINTMENT (§§ 29-5-10 — 29-5-17)

Section 29-5-10 – Petition for appointment of conservator; requirements of petition
Section 29-5-11 – Prerequisite finding prior to appointment of conservator; notice; evaluation; written report
Section 29-5-12 – Judicial review and proceedings
Section 29-5-13 – Requirements of order granting conservatorship; service; obligation of legal counsel; filing of certificate of conservatorship with court
Section 29-5-14 – Appointment of emergency conservator; requirements of petition
Section 29-5-15 – Review of petition; dismissal; requirements of court upon finding need for emergency conservator
Section 29-5-16 – Emergency conservatorship hearing; limitations on powers of emergency conservator
Section 29-5-17 – [Repealed] Responsibility for paying expenses of any hearing

Article 3 – RIGHTS OF WARD (§§ 29-5-20 — 29-5-25)

Section 29-5-20 – Rights of adult ward; impact on right to vote or testamentary capacity
Section 29-5-21 – Rights and powers removed from ward
Section 29-5-22 – Obligations and liabilities of conservator
Section 29-5-23 – Authority of conservator; cooperation with guardian or other interested parties
Section 29-5-24 – Forfeiture of rights by conservator; disclosure of conflicts by conservator; transactions presenting substantial conflict in interests
Section 29-5-25 – Oath or affirmation required of conservator

Article 4 – PROTECTION OF PROPERTY (§§ 29-5-30 — 29-5-36)

Section 29-5-30 – Inventory and plan for handling ward’s property
Section 29-5-31 – Retention of property; exchange or conversion of stocks or securities
Section 29-5-32 – Investment of estate funds by conservator
Section 29-5-33 – Holding of investments; corporate fiduciaries
Section 29-5-34 – Prudence required from conservator in making investments; acquisition and retention of property
Section 29-5-35 – Sale of perishable property; sale of other properties; disposal of other properties; accounting for proceeds; authority of emergency or temporary substitute conservator
Section 29-5-36 – Development of estate plan for ward; appointment of guardian ad litem prior to implementation of plan

Article 5 – CONSERVATOR’S BOND (§§ 29-5-40 — 29-5-49.1)

Section 29-5-40 – Bond requirement; exception to requirement; recording
Section 29-5-41 – Terms of conservator’s bond; timing; value; substantial compliance sufficient
Section 29-5-42 – Reduction in bond
Section 29-5-43 – Requirement of additional bond or security
Section 29-5-44 – Payment of bond premium
Section 29-5-45 – Liability of surety in event conservatorship is void
Section 29-5-46 – Joint and several liability of conservator and surety
Section 29-5-47 – Levy upon property; writs of execution
Section 29-5-48 – Order of levy against property
Section 29-5-49 – Discharge of surety from obligations under bond; reporting
Section 29-5-49.1 – Communication with other states on conservatorship

Article 6 – COMPENSATION (§§ 29-5-50 — 29-5-54)

Section 29-5-50 – Determining compensation of conservator; failure to file annual returns results in forfeiture of commission
Section 29-5-51 – Reimbursement for reasonable expenses
Section 29-5-52 – Petition for additional compensation by conservator
Section 29-5-53 – Compensation from corporation or other business entity
Section 29-5-54 – Application for compensation by emergency or temporary substitute conservator; reduction of compensation to conservator

Article 7 – CONSERVATOR’S RETURN AND SETTLEMENT OF ACCOUNTS (§§ 29-5-60 — 29-5-63)

Section 29-5-60 – Verified return required annually; change of reporting period; production of documents; failure to file return
Section 29-5-61 – Interim settlement of accounts
Section 29-5-62 – Objection and hearings on interim settlement issues
Section 29-5-63 – Judgments against conservator and surety

Article 8 – MODIFICATION AND TERMINATION (§§ 29-5-70 — 29-5-72)

Section 29-5-70 – Proceedings when allegations that ward denied right or privilege
Section 29-5-71 – Modification of conservatorship; contents of petition for modification; burden of proof
Section 29-5-72 – Termination of conservatorship; required evidence to support; burden of proof; death of ward

Article 9 – DISMISSAL (§§ 29-5-80 — 29-5-81)

Section 29-5-80 – Petition for dismissal of conservator; final return; notice; order dismissing conservator
Section 29-5-81 – Final settlement; appearance by ward or successor conservator; return of property

Article 10 – REMOVAL (§§ 29-5-90 — 29-5-94)

Section 29-5-90 – Resignation of conservator; requirement of petition; alternative conservator; notice to interested individuals; order of appointment of successor conservator
Section 29-5-91 – Death of conservator; notice to interested individuals; order appointing successor conservator
Section 29-5-92 – Conservator required to answer charges; authority of court; effect on other proceedings
Section 29-5-93 – Cause of action for breach of fiduciary duty
Section 29-5-94 – Statute of limitations

Article 11 – TEMPORARY SUBSTITUTE CONSERVATOR (§§ 29-5-100 — 29-5-102)

Section 29-5-100 – Appointment of temporary substitute conservator; period of service; powers and authority; notice; removal
Section 29-5-101 – Appointment of successor conservators; appointment of legal counsel; notice to interested individuals; order appointing successor conservator
Section 29-5-102 – Delivery of property by predecessor conservator to successor conservator; final return

Article 12 – APPELLATE PROCEEDINGS (§ 29-5-110)

Section 29-5-110 – Proceedings for appeal; appointment of guardians ad litem; bond and security prior to removal; liability of surety of predecessor conservator; jurisdiction

Article 13 – FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140)

Part 1 – REMOVAL (§ 29-5-120)

Section 29-5-120 – Petition for removal; prerequisites

Part 2 – PETITION FOR TRANSFER TO THIS STATE (§ 29-5-125)

Section 29-5-125 – through 29-5-128 – Reserved

Part 3 – PETITION TO TRANSFER TO FOREIGN COURT (§ 29-5-130)

Section 29-5-130 – through 29-5-134 – Reserved

Part 4 – FOREIGN CONSERVATORS (§§ 29-5-135 — 29-5-140)

Section 29-5-135 – “Foreign conservator” defined; sale or disposal of property
Section 29-5-136 – Conservator’s power to bring suit
Section 29-5-137 – Filing of letters of conservatorship with court
Section 29-5-138 – Submission to jurisdiction personally of foreign conservator; registration of conservatorship
Section 29-5-139 – Interested parties’ right to compel foreign conservator to act with equity and good conscience; court’s communication with appointing foreign court
Section 29-5-140 – Payments to foreign conservator on debts or return of property belonging to ward

Guardians of Beneficiaries of United States Department of Veterans Affairs

Section 29-6-1 – Judges of probate courts as custodians of certain funds; authority to collect debts
Section 29-6-2 – Employment of counsel; payment of counsel’s fees
Section 29-6-3 – Record-keeping requirements of probate judge
Section 29-6-4 – Expenditure of minor’s funds
Section 29-6-5 – Ordering of conservatorship
Section 29-6-6 – Requirement to deposit excess funds in FDIC insured account
Section 29-6-7 – [Repealed] Section 29-6-8 – Bonding requirements
Section 29-6-9 – Circumstances under which custodial property shall be returned
Section 29-6-10 – through 29-6-18 – [Repealed]

Foreign Guardians

Section 29-7-1 – Definitions
Section 29-7-2 – Involvement of secretary in proceedings for appointment or discharge of VA guardian; jurisdiction; notification to United States Department of Veterans Affairs
Section 29-7-3 – Requirement of secretary that guardian be appointed
Section 29-7-4 – Prima-facie evidence of necessity for appointment of VA guardian
Section 29-7-5 – Appointment of VA guardians for minors
Section 29-7-6 – Notice
Section 29-7-7 – Petitioning for appointment of VA guardian; requirements of petitions; preferences for appointment
Section 29-7-8 – Qualifications of VA guardian
Section 29-7-9 – Individuals or entities eligible to serve as VA guardians; discharge or guardian; requirements pending discharge
Section 29-7-10 – Bond requirements; discharge of surety on bond
Section 29-7-11 – Investment of surplus funds
Section 29-7-12 – Expenditure of ward’s estate; insurance; title to new property
Section 29-7-13 – Annual accounting requirements
Section 29-7-14 – Failure to file an annual accounting
Section 29-7-15 – Compensation for guardian; reimbursement for premium on bond
Section 29-7-16 – Discharge of VA guardian; role of county guardian
Section 29-7-17 – Application of other laws; right to appeal
Section 29-7-18 – Construction

Judge of Probate Court as Custodian of Certain Funds

Section 29-8-1 – County administrators as ex officio county guardians
Section 29-8-2 – Bond requirements
Section 29-8-3 – Letters of guardianship or conservatorship; liability and rights of county guardian
Section 29-8-4 – Additional security on bond
Section 29-8-4.1 – [Repealed] Section 29-8-5 – Revocation of letters of guardianship or conservatorship or other court orders necessary for good of ward
Section 29-8-6 – through 29-8-9 – [Repealed]

Guardian Ad Litem

Section 29-9-1 – Application of chapter
Section 29-9-2 – Appointment of guardian ad litem; representation of persons not sui juris; limited appointment; identification of parties in all petitions; authority of conservator or guardian to act; ineligibility of appointed counsel to be appointed guardian ad litem
Section 29-9-3 – Assessment of costs, compensation, fees, and expenses; factors; enforcement; abuse, neglect, or exploitation
Section 29-9-4 – Personal service; procedure
Section 29-9-5 – Service upon current residence addresses; service by publication
Section 29-9-6 – Service upon conservator or guardian
Section 29-9-7 – Judge’s discretion on notice, service, and additional time for proceedings; additional notice requirements for persons residing in another state
Section 29-9-8 – Waiver of service or notice; written consent
Section 29-9-9 – Oaths, affirmations, and affidavits
Section 29-9-10 – Oath by department delegate
Section 29-9-11 – Verification of petitions and returns; consolidation and transfer of proceedings
Section 29-9-12 – Issuance of citations
Section 29-9-13 – Satisfaction of requirements of authentication or exemplification
Section 29-9-13.1 – Authentication of documents
Section 29-9-14 – Court ordered hearings
Section 29-9-15 – Compensation for legal counsel or guardian ad litem
Section 29-9-16 – Compensation to physicians, psychologists, or licensed clinical social workers
Section 29-9-17 – Court ordered instruction for conservator or guardian
Section 29-9-18 – Sealing of records on conservatorship or guardianship
Section 29-9-19 – Petitioner for guardian or conservator to submit to criminal history records check

Public Guardian

Section 29-10-1 – “Public guardian” defined
Section 29-10-2 – Oath of guardianship
Section 29-10-3 – Qualifications and requirements; training
Section 29-10-4 – Registration with the probate court; registration lists
Section 29-10-5 – Bond
Section 29-10-6 – Letters of guardianship
Section 29-10-7 – Record keeping and reporting; required visits to ward; limitations on number of wards; cooperation with county guardians and conservators
Section 29-10-8 – Additional security on the bond or additional bond
Section 29-10-9 – Revocation of letters of guardianship
Section 29-10-10 – Compensation
Section 29-10-11 – Appropriation of funds for compensation in certain circumstances

Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act

Article 1 – GENERALLY (§§ 29-11-1 — 29-11-6)

Section 29-11-1 – Short title
Section 29-11-2 – Definitions
Section 29-11-3 – Treatment of foreign countries
Section 29-11-4 – Communication with out of state courts
Section 29-11-5 – Appropriate requests to and from courts of other jurisdictions
Section 29-11-6 – Procedure for testimony of out of state witnesses

Article 2 – JURISDICTION (§§ 29-11-10 — 29-11-18)

Section 29-11-10 – Determination of connection with state
Section 29-11-11 – Exclusive jurisdiction for appointment
Section 29-11-12 – Requirements for jurisdiction
Section 29-11-13 – Special jurisdiction; emergency appointment of guardian
Section 29-11-14 – Special jurisdiction; emergency appointment of guardian
Section 29-11-15 – Declining exercise of jurisdiction; factors for determining jurisdiction
Section 29-11-16 – Unjustifiable conduct leading to jurisdiction
Section 29-11-17 – Notice required; process for service
Section 29-11-18 – Multiple court jurisdictional rules

Article 3 – TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP (§§ 29-11-20 — 29-11-21)

Section 29-11-20 – Transfer proceedings to another state; notice; hearing; provisional orders; required findings; finalization; denial of petition
Section 29-11-21 – Petition for acceptance; notice; hearing; provisional and final orders; modification to conform to law

Article 4 – REGISTRATION OF GUARDIANSHIP OR CONSERVATORSHIP ORDER FROM ANOTHER STATE (§§ 29-11-30 — 29-11-32)

Section 29-11-30 – Registration of guardianship order; recordation of order
Section 29-11-31 – Registration of conservatorship order; recordation of order
Section 29-11-32 – Exercise of powers authorized; enforcement

Article 5 – APPLICABILTY OF CHAPTER (§§ 29-11-40 — 29-11-42)

Section 29-11-40 – Promotion of uniformity
Section 29-11-41 – Construction with federal law
Section 29-11-42 – Application


BLOG POSTS

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the Ward. In that regard, O.C.G.A. § 29-4-20 states certain rights the Ward has. O.C.G.A. § 29-4-20 provides: (a) In every guardianship, the ward has the right to: (1) A qualified guardian who acts in the best interest of the ward; […]

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Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for a patient. O.C.G.A. § 29-4-18 provides a solution by allowing any interested party to file a petition to become a temporary medical consent guardian. It is worth noting that “a temporary medical consent guardian shall not be authorized to withdraw […]

Conduct of emergency guardianship hearing; limitations on emergency guardianship; O.C.G.A. § 29-4-16

If an emergency guardianship is warranted, O.C.G.A. § 29-4-16 sets the requirements for how the hearing is conducted. O.C.G.A. § 29-4-16 provides: (a) The court shall conduct the emergency guardianship hearing, at the time and date set forth in its order, to determine whether there is clear and convincing evidence of the need for an […]

Guardianship Appeal Statute is purely statutory

In Matter of Doze, 717 SW 3d 240 (2025), a Missouri Court affirmed the decision below appointing Queen Doze’s father as her guardian. The case began when Queen’s sister, Mariah Doze, filed a Petitioner for Appointment of a Guardian and/or Conservator. Mariah alleged that her sister, who was 21 years old, had an “intellectual disability […]

Prerequisite findings prior to appointment of emergency guardian; evaluation; notice; hearing; O.C.G.A. § 29-4-15

All things being equal, a Petition for Emergency Guardianship should be denied in favor of a permanent petition. The reason is because emergency petitions are usually ex parte proceedings while the permanent petition allows all interested parties to present their arguments. O.C.G.A. § 29-4-15 provides: (a) Upon the filing of a petition for an emergency […]

Petition for appointment of emergency guardian; requirements of petition; O.C.G.A. § 29-4-14

Petition for Appointment of Emergency Guardian An emergency petition usually begins as an ex parte proceeding. In limited circumstances, an emergency guardianship is necessary. However, in most cases, the petition should be denied in favor of a permanent petition under O.C.G.A. § 29-4-10. In In re Farr, 322 Ga. App. 55 (2013), the probate court […]

Requirements of order granting guardianship; service O.C.G.A. § 29-4-13

Requirements of Order Granting Guardianship The Order included with Standard Form 12 includes the required elements found in O.C.G.A. § 29-4-13, but it should be modified as appropriate. For example, if there is a mediated resolution, the terms of the settlement should be incorporated into the Final Order. O.C.G.A. § 29-4-13 provides: (a) The court […]

Judicial review of pleadings and evaluation report; findings; hearing, O.C.G.A. § 29-4-12

Judicial Review of Pleadings and Evaluation Report The prejudice is that petitions for guardianship and conservatorship should be denied. That is why clear and convincing evidence is required before one may be imposed. In Bookholdt v. Brown, 224 Ga, 737 (1968), the Court said: “Among our most cherished rights, as American citizens, are the freedom […]

Prerequisite judicial finding of probable cause; notice; petition; evaluations; reporting requirements, O.C.G.A. § 29-4-11

Prerequisite Judicial Finding of Probable Cause The presumption under Georgia law is that a guardianship is unnecessary and should be dismissed unless clear and convincing evidence is produced to support prerequisite judicial findings. For that reason, subsection (b) requires dismissal if the Court’s initial review of the Petition finds there is no probable cause to […]

Petition for appointment of guardian; requirements for petition, O.C.G.A. § 29-4-10

Last updated 9/5/2025 Petition for Appointment of Guardian In Georgia, a Petition for Guardianship is filed on Georgia Probate Standard Form 12. Care should be used because the forms are updated from time to time. As pointed out in other cases, an objection is not a Petition. The standard form generally requires a response to […]

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