Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1838 are included in the annotations for this Code section.

Jurisdiction of juvenile court in transferred custody proceeding.

- Georgia Supreme Court affirmed the transfer of a father's petition for custody from Gwinnett County, Georgia, to Douglas County, Georgia, because the "complaint for custody" that the father filed in Gwinnett County fairly was read as a petition to modify, vacate, or revoke the permanent guardianship, a petition over which the Juvenile Court of Douglas County had exclusive jurisdiction under the circumstances. In the Interest of M. F., 298 Ga. 138, 780 S.E.2d 291 (2015).

Guardian empowered to appoint agent.

- Guardian had power to appoint agent to act for guardian during absence in confederate army, and any act of agent within scope of agent's authority would be as valid as that of guardian. Tarpley v. McWhorter, 56 Ga. 410 (1876) (decided under former Code 1873, § 1838).

Letters of testamentary guardianship.

- Superior court erred in granting an aunt and uncle custody of minor children because the court lacked subject matter jurisdiction to consider the petition for custody since a probate court had exclusive jurisdiction to issue and revoke letters of testamentary guardianship, and O.C.G.A. § 29-2-4(b) mandated the issuance of letters of testamentary guardianship to the brother of the children's father without notice and a hearing and without consideration of the children's best interests; equity afforded no valid basis for the superior court's exercise of jurisdiction because the aunt and uncle had an appropriate remedy in the probate court to challenge the testamentary guardianship: a petition for revocation or suspension of the brother's letters of testamentary guardianship. Zinkhan v. Bruce, 305 Ga. App. 510, 699 S.E.2d 833 (2010).

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).

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).

Guardian had not sought change of domicile.

- In a wrongful death action, a decedent's minor children remained domiciled in Georgia because the guardian had not applied to a probate court to change the children's domicile to Alabama as required by O.C.G.A. § 29-2-22(b). D.R. v. Grant, 770 F. Supp. 2d 1337 (M.D. Ga. 2011).

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 70 et seq., 86 et seq.

C.J.S.

- 43 C.J.S., Infants, § 407 et seq. 57 C.J.S., Mental Health, §§ 176 et seq., 185 et seq.

ALR.

- Amount of attorneys' compensation in matters involving guardianship and trusts, 57 A.L.R.3d 550.

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.