Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1895, § 2571, and former Code 1933, §§ 49-101 and 49-603, as it read prior to revision by Ga. L. 1980, p. 1661, § 1, are included in the annotations for this Code section.

Definition of "guardian of the person."

- A guardian of the person is defined to be one who has been lawfully invested with the care of the person of an infant whose natural guardian is dead, and is considered as standing in the place of the natural guardian. Whitlock v. Barrett, 158 Ga. App. 100, 279 S.E.2d 244 (1981) (decided under former Code 1933, § 49-101).

Construction of "natural guardianship."

- Natural guardianship, pure and simple, is of the person only, and is incident to the relation of parent. Whitlock v. Barrett, 158 Ga. App. 100, 279 S.E.2d 244 (1981) (decided under former Code 1933, § 49-101).

Circumstances under which probate judge has power to appoint guardian.

- The ordinary (now probate judge) is without power to appoint a guardian for the person or for the property of a child unless the child has no guardian as to the one or the other of these things for which the guardianship is asked. Whitlock v. Barrett, 158 Ga. App. 100, 279 S.E.2d 244 (1981) (decided under former Code 1933, § 49-101).

There cannot be two guardianships at same time as to either person or property of infant, though one person may be guardian of infant's person and another may be guardian of infant's property. Whitlock v. Barrett, 158 Ga. App. 100, 279 S.E.2d 244 (1981) (decided under former Code 1933, § 49-101).

Mother is natural guardian automatically.

- Ordinary (now probate judge) has nothing to do with constituting mother natural guardian; the mother is natural guardian by operation of law, and without any action whatever by the ordinary (now probate judge) - no appointment, no letters of guardianship are contemplated and nothing is said of any authority of the ordinary (now probate judge) to displace the parent as guardian of the person. Whitlock v. Barrett, 158 Ga. App. 100, 279 S.E.2d 244 (1981) (decided under former Code 1933, § 49-101).

Appointment limited to guardianship of property where natural guardian.

- For a minor having no guardian, the ordinary (now probate judge) may appoint a guardian of person and property, or of either, but if the minor has a natural guardian, it certainly cannot be said in a broad sense that the person has no guardian; in such case the range of appointment is limited to guardianship of the property, for it is only as to property that there is no guardian. Whitlock v. Barrett, 158 Ga. App. 100, 279 S.E.2d 244 (1981) (decided under former Code 1933, § 49-101).

Guardian is entitled to possession of ward's effects.

- Guardian of person and property of a lunatic is entitled to retain possession and control of ward's effects so long as guardianship continues; and to deprive the guardian of such possession and control before ward is restored to sanity, it is necessary that the guardian's letters be revoked and another guardian appointed. Bonner v. Evans, 89 Ga. 656, 15 S.E. 906 (1892) (decided under prior law).

Commingling of funds and failure to account is breach.

- Deposit of ward's funds to individual account of guardian, and failure to account therefor, is per se breach of the bond. Hawes v. Standard Accident Ins. Co., 54 Ga. App. 776, 189 S.E. 59 (1936) (decided under former Code 1933, § 49-603).

Guardian cannot maintain divorce proceedings.

- Suit for divorce instituted by guardian in behalf of one who has been adjudicated insane cannot be maintained in this state; the right to bring and prosecute such an action being strictly personal, and not within authority conferred by law upon a guardian. Phillips v. Phillips, 203 Ga. 106, 45 S.E.2d 621 (1947) (decided under former Code 1933, § 49-603).

Proceeding by next friend for waste with proceeding to remove guardian.

- If a next friend suing in behalf of a lunatic can maintain an action for waste committed by the guardian, or recover money in the guardian's hands, it can be done only in connection with a proceeding to remove the guardian and revoke guardianship letters. Bonner v. Evans, 89 Ga. 656, 15 S.E. 906 (1892) (decided under prior law).

Cited in Bulloch v. Bulloch, 45 Ga. App. 1, 163 S.E. 708 (1932); Anaya v. Coello, 279 Ga. App. 578, 632 S.E.2d 425 (2006).

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 5 et seq, 40, 89, 90.

13 Am. Jur. Pleading and Practice Forms, Guardian and Ward, §§ 9 et seq., 99 et seq., 208 et seq.

138 Am. Jur. Trials, Guardianships, §§ 3, 4 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 5, 6, 7.

57 C.J.S., Mental Health, §§ 176 et seq., 185 et seq.

ALR.

- Power of parent to appoint testamentary guardian for adult imbecile child, 24 A.L.R. 1458.

Attempt to bastardize child as affecting right to custody of the child, 37 A.L.R. 531.

Guardian de facto or de son tort of minor, 25 A.L.R.2d 752.

Right of guardian or committee of incompetent to incur obligations so as to bind incompetent or his estate, or to make expenditures, without prior approval by court, 63 A.L.R.3d 780.