O.C.G.A.

O.C.G.A. § 29-2-30 (2019)

Circumstances when guardianship terminates; delivery of property

✓ 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.

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(a) The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court in its discretion may order a hearing.

(b) Within six months prior to the date the minor reaches 18 years of age, the guardian or any other interested person may file a petition for the appointment of a guardian for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 4 of this title, to take effect on or after the date the minor reaches 18 years of age.

(c) The death of the minor automatically terminates the guardianship, except as otherwise provided in Code Section 29-2-31.

(d) Upon termination of the guardianship, the guardian shall deliver any money or property to the former minor or, if a guardian or conservator has been appointed for the former minor, to that guardian or conservator or, if the minor is deceased, to the minor’s personal representative.

History

(Code 1981, § 29-2-30, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 4/SB 534.)

Annotations

JUDICIAL DECISIONS Termination 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 guardian-

ship, 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; under O.C.G.A. § 29-2-30(a), termination of the brother’s guardianship would not occur until the

earliest of the following events: the minors reached age 18, the minors were adopted, the minors were emancipated, the minors died, or a court order terminating the

guardianship was entered, and none of those conditions were met. Zinkhan v. Bruce, 305 Ga. App. 510, 699 S.E.2d 833 (2010).

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, §§ 74 et seq., 164 et seq., 214.

C.J.S. - 39 C.J.S., Guardian and Ward, § 41 et seq. 43 C.J.S., Infants, §§ 437, 438, 439.

Notes of Decisions

Cited in 2 cases, 2010–2020 · leading case: Zinkhan v. Bruce, 699 S.E.2d 833 (Ga. Ct. App. 2010).

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Zinkhan v. Bruce, 699 S.E.2d 833 (Ga. Ct. App. 2010). · cites it 2× “Further, termination of Zinkhan’s guardianship would not occur until the earliest of the following events: “the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered.”

In the Interest Of: K. G. v. a Child (Ga. Ct. App. 2020). · cites it 2× “See OCGA § 29-2-30 (a) (“The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered.”

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.