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

O.C.G.A. § 29-2-20 (2019)

Rights of minor; impact on testamentary capacity

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) In every guardianship, the minor has the right to:

(1) A qualified guardian who acts in the best interest of the minor;

(2) A guardian who is reasonably accessible to the minor;

(3) Have his or her property utilized as necessary for his or her support, care, education, health, and welfare; and

(4) Individually or through the minor’s representative or legal counsel, bring an action relating to the guardianship.

(b) The appointment of a guardian is not a determination that a minor who is 14 years of age or older lacks testamentary capacity.

History

(Code 1981, § 29-2-20, enacted by Ga. L. 2004, p. 161, § 1.)

Annotations

Cross references. - Direction of notice where owner a minor under disability,

appointment § 22-2-21.

of

guardian

ad

litem,

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-5-7 are included in the annotations for this Code section. Ward’s right to make will. - The appointment of a guardian for adults who are incapacitated does not destroy the

ward’s right or ability to make a will. Pope v. Fields, 273 Ga. 6, 536 S.E.2d 740 (2000) (decided under former O.C.G.A. § 29-5-7). Cited in Levenson v. Oliver, 202 Ga. App. 157, 413 S.E.2d 501 (1991); Heichelbech v. Evans, 798 F. Supp. 708 (M.D. Ga. 1992).

RESEARCH REFERENCES C.J.S. - 39 C.J.S., Guardian and Ward, § 139.

Notes of Decisions
Cited in 3 cases, 1991–2009 · leading case: United Companies Lending Corp. v. Coates, 520 S.E.2d 236 (Ga. Ct. App. 1999).
Sort: Relevance Newest Treatment
United Companies Lending Corp. v. Coates, 520 S.E.2d 236 (Ga. Ct. App. 1999). · cites it 4× “OCGA § 29-2-20 provides: The guardian may not borrow money and bind his ward therefor nor bind his ward’s property or create any lien thereon by any contract other than those specially allowed by law; provided however, that, upon application and showing the need by evidence, the…”
Lokey v. Trust Co. Bank of South Georgia, N.A., 402 S.E.2d 803 (Ga. Ct. App. 1991). · cites it 2× “OCGA § 29-2-20. Based on the undisputed evidence of record in the case, the trial court was authorized to conclude that, whether she intended to co-sign the note in her individual capacity or whether she intended to do so in her capacity as her daughter’s guardian, the appellant…”
RLI Ins. v. Waters (In Re Waters), 419 B.R. 919 (Bankr. M.D. Ga. 2009). “§§ 29-2-1 to -7 (2003) (current version at §§ 29-2-20 to -25) (2007 and Supp.2009). Defendant, as guardian, was already a fiduciary when he encroached upon the corpus of the settlement finds.”
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.