Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 29-2-17 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-2-17 Case Law from Google Scholar Amendments to OCGA 29-2-17

TITLE 29 GUARDIAN AND WARD

Section 2. Guardians of Minors, 29-2-1 through 29-2-77.

ARTICLE 1 MINORS

29-2-17. Petition for appointment of permanent guardian; requirements of petition; notice.

  1. Any interested person may file a petition for the appointment of a permanent guardian of a minor.
  2. The petition for appointment of a permanent guardian shall set forth:
    1. A statement of the facts upon which the court's jurisdiction is based;
    2. The name, address, and date of birth of the minor;
    3. The name, address, and county of domicile of the petitioner and the petitioner's relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to the minor, if any;
    4. A statement that the minor has no natural guardian, testamentary guardian, or permanent guardian;
    5. A statement of whether the child was born out of wedlock and, if so, the name and address of the biological father, if known;
    6. Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of the minor that deals with the guardianship of the minor and the name and address of any designee named in the document;
    7. In addition to the petitioner and the nominated guardian, the names and addresses of the following relatives of the minor whose whereabouts are known:
      1. The adult siblings of the minor; provided, however, that not more than three adult siblings need to be listed;
      2. If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be listed; or
      3. If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1;
    8. Whether a temporary guardian has been appointed for the minor or a petition for the appointment of a temporary guardian has been filed or is being filed; and
    9. The reason for any omission in the petition for appointment of a permanent guardian for a minor in the event full particulars are lacking.
  3. In addition to the notice required by Code Section 29-2-15, notice of the petition for appointment of a permanent guardian for a minor shall be given to any designee named in paragraph (6) of subsection (b) of this Code section and the individuals named in paragraph (7) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a permanent guardianship or to the selection of the petitioner as permanent guardian, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.
  4. If the judge deems it necessary, a temporary guardian may be appointed under the same rules that apply to the appointment of a temporary administrator.

(Code 1981, §29-2-17, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2011, p. 752, § 29/HB 142.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, §§ 3033 and 3046, and former Code 1933, § 49-112 are included in the annotations for this Code section.

For purpose of notice, see New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided prior to amendment of former Civil Code 1810, § 3046 by Ga. L. 1958, p. 673, § 2, which changed notice requirement).

Citation unnecessary to appoint mother as guardian of daughter's property.

- In order for a mother, the natural guardian, to also be appointed guardian of her daughter's property, citation is unnecessary. Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938) (decided under former Code 1933, § 49-112).

Citation necessary for appointment for one not child of applicant.

- Where application is for appointment of guardian of a minor child under 14 years of age, other than child of applicant, it is necessary for citation to issue. Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938) (decided under former Code 1933, § 49-112).

Second citation unnecessary.

- It is not necessary to issue a second citation when the first citation of application for letters of administration is for the appointment of one person even though the court issues letters of administration to an entirely different person, as to whose appointment no previous notice had been given to any one. New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided under former Civil Code 1910, § 3046).

No citation is necessary for appointment of testamentary guardian and a testamentary guardian might be authorized by probate court to take charge of property coming to the guardian's ward from sources other than parent's will, without necessity of citation. New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided under former Civil Code 1910, § 3033).

Further notice unnecessary for testamentary guardian over property from other sources.

- Where applicant has already, by will, been made testamentary guardian, it is a matter of testamentary disposition, and there would seem to be no necessity for further notice. Moreover, the law raises implication that there could be no better selection for guardianship of property of minors coming from outside sources than that already provided by the father in his own will as to their persons and property devised by the will. New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided under former Civil Code 1910, § 3046).

Cited in Heist v. Dunlap & Co., 193 Ga. 462, 18 S.E.2d 837 (1942); Price v. Matthews, 68 Ga. App. 510, 23 S.E.2d 535 (1942); Henderson v. Hale, 209 Ga. 307, 71 S.E.2d 622 (1952).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 60, 61.

C.J.S.

- 39 C.J.S., Guardian and Ward, § 33 et seq.

ALR.

- Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.

Necessity and sufficiency of notice to alleged incompetent of application for appointment of guardian or committee, 23 A.L.R. 594.

Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.

Cases Citing Georgia Code 29-2-17 From Courtlistener.com

Total Results: 2

Pitts v. State

Court: Supreme Court of Georgia | Date Filed: 1944-01-05

Citation: 197 Ga. 317

Snippet: the court erred. Cornelious v. State, 193 Ga. 29 (2) (17 S. E. 2d, 156). Where it was alleged that the

Pitts v. State

Court: Supreme Court of Georgia | Date Filed: 1944-01-05

Citation: 28 S.E.2d 864, 197 Ga. 317, 1944 Ga. LEXIS 246

Snippet: the court erred. Cornelious v.State, 193 Ga. 29 (2) (17 S.E.2d 156). Where it was alleged that the charge