O.C.G.A.

O.C.G.A. § 29-11-12 (2019)

Requirements for jurisdiction

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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A court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent if:

(1) This state is the respondent’s home state;

(2) On the date the petition significant-connection state and:

is filed, this state is a

(A) The respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:

(i) A petition for an appointment or order is not filed in the respondent’s home state;

(ii) An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) The court in this state concludes that it is an appropriate forum under the factors set forth in Code Section 29-11-15;

(3) This state does not have jurisdiction under either paragraph (1) or (2) of this Code section, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or

(4) The requirements for special jurisdiction under Code Section 29-11-13 are met.

History

(Code 1981, § 29-11-12, enacted by Ga. L. 2016, p. 563, § 1/HB 954.)

Notes of Decisions
Cited in 3 cases, 2019–2020 · leading case: In Re Est. of Kevin Lee Hanson (Ga. Ct. App. 2020).
In Re Est. of Kevin Lee Hanson (Ga. Ct. App. 2020). · cites it 25× “These tiers are established in four subsections of OCGA § 29-11-12, which specify several circumstances under which “[a] court of this state has jurisdiction to appoint a guardian or issue a conservatorship order for a respondent.”
In Re Est. of Kevin Lee Hanson (Ga. Ct. App. 2019). · cites it 14× “Nonetheless, the trial court’s findings that “Georgia [is] not [Kevin’s] home state” and that Kevin “had a significant connection to Fulton County, Georgia due to receiving life altering treatment from the Shepherd Center[,]” appear to show that the trial court found…”
Rebecca Steen-Jorgensen v. Toni Kay Huff (Ga. Ct. App. 2019). · cites it 6× “; see OCGA § 29-11-12. Thus, under the first tier, the ward’s own “home state” has primary jurisdiction to appoint a guardian or conservator for the respondent.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.