O.C.G.A.
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.
(a) Only an individual may serve as guardian of a minor.
(b) No individual may be appointed as guardian of a minor who:
(1) Is a minor, a ward, or a protected person; or
(2) Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the minor’s best interest.
History
(Code 1981, § 29-2-2, enacted by Ga. L. 2004, p. 161, § 1.)
Annotations
JUDICIAL DECISIONS Attorney’s fees. - Because a lawyer failed to present any evidence of the value of the lawyer’s services at a probate hearing, the trial court was left to determine that value based on its own experience; since the lawyer failed to prove that the
contingency agreement with the beneficiaries of an estate provided for a reasonable fee, the trial court was authorized to determine that $15,000 was a reasonable fee. Rowen v. Estate of Hughley, 272 Ga. App. 55, 611 S.E.2d 735 (2005).
RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, §§ 38 et seq., 46 et seq. Am. Jur. Pleading and Practice Forms. - 13 Am. Jur. Pleading and Prac-
tice Forms, Guardian and Ward, § 116 et seq. C.J.S. - 39 C.J.S., Guardian and Ward, § 24 et seq.
PART 2 PARENTAL RIGHTS IN GUARDIAN SELECTION
Notes of Decisions
Rowen v. Est. of Hughley, 611 S.E.2d 735 (Ga. Ct. App. 2005).
· cites it 2× “OCGA § 29-2-2. The contingency fee in this case was to be calculated as a percentage of the sums received from the annuity and the grandmother’s estate.”
Howard v. Est. of Howard, 548 S.E.2d 48 (Ga. Ct. App. 2001).
· cites it 2× “Phillips was authorized under OCGA §§ 29-2-2 and 29-2-3 to take such actions.”
In Re Woodall, 499 S.E.2d 150 (Ga. Ct. App. 1998).
· cites it 3× “The guardian of the property of an incapacitated adult must generally give a bond and has such powers as set out in other sections of the Georgia Code, including OCGA §§ 29-2-2 through 29-2-24. OCGA § 29-5-4.”
Clark v. Sanders (In Re Sanders), 315 B.R. 630 (Bankr. S.D. Ga. 2004).
· cites it 2× “During the same period, the total justified expenditures under O.C.G.A. § 29-2-2 of which an affirmative showing has been made by [Debtor] was $13,421.”
Hayes v. Clark, 530 S.E.2d 38 (Ga. Ct. App. 2000).
“at 714 ; see OGCA §§ 29-2-2; 29-4-2 (b). 12 147 Ga. at 715 .”
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.