O.C.G.A.
O.C.G.A.

O.C.G.A. § 29-11-20 (2019)

Transfer proceedings to another state; notice; hearing; provisional orders; required findings; finalization; denial of petition

✓ 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) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

(b) Notice of a petition under subsection (a) of this Code section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.

(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated person or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this Code section.

(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(1) The protected person is physically present in or is reasonably expected to move permanently to the other state or the protected person has a significant connection to the other state considering the factors in Code Section 29-11-10;

(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the

ADULT GUARDIANSHIP & CONSERVATORSHIP transfer would be contrary to the interests of the protected person; and

(3) Adequate arrangements will be made for management of the protected person’s property.

(f ) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Code Section 29-11-21; and

(2) The documents required to terminate a guardianship or conservatorship in this state.

History

(Code 1981, § 29-11-20, enacted by Ga. L. 2016, p. 563, § 1/HB 954.)

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2019–2025 · leading case: In Re Est. of Lauren Micaela Taylor (Ga. Ct. App. 2025).
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In Re Est. of Lauren Micaela Taylor (Ga. Ct. App. 2025). · cites it 17× “Because the probate court failed to properly transfer the case under OCGA § 29-11-20, and it was the court that rendered the orders Appellants sought to have set aside, it erred in finding it lacked jurisdiction.”
In Re Est. of Kevin Lee Hanson (Ga. Ct. App. 2019). · cites it 2× “3 On its face, the trial 2 In determining under Code Section 29-11-12 and subsection (e) of Code Section 29-11-20 whether a respondent has a significant connection with a particular state, the court shall consider: (1) The location of the respondent’s family and other persons…”
In Re Est. of Kevin Lee Hanson (Ga. Ct. App. 2020). · cites it 2× “for a respondent who is physically present in this state; (2) Issue a conservatorship order with respect to real or tangible personal property located in this state; or (3) Appoint a guardian or conservator for an incapacitated person or protected person for whom a provisional…”
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.