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2018 Georgia Code 29-2-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-2-30 Case Law from Google Scholar Amendments to OCGA 29-2-30

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 3 TERMINATION OF GUARDIANSHIP

29-2-30. Circumstances when guardianship terminates; delivery of property.

  1. 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.
  2. 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.
  3. The death of the minor automatically terminates the guardianship, except as otherwise provided in Code Section 29-2-31.
  4. 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.

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

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 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; 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.

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