O.C.G.A. § 29-3-120 (2019)
Payment of funds or return of property to foreign conservator on minor's behalf
(a) A person who is indebted to or has possession of tangible or intangible property of a minor may pay the debt or deliver the property to a foreign conservator of the minor. Payment of the debt or delivery of the property may be made upon proof that the foreign conservator has been appointed and is entitled to the debt payment or to receive delivery of the property.
(b) Payment of the debt or delivery of the property in response to the demand discharges the debtor or possessor, unless the debtor or possessor has knowledge of proceedings for the appointment of a guardian, conservator, or other protective proceeding in this state.
History
(Code 1981, § 29-3-120, enacted by Ga. L. 2004, p. 161, § 1.)
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CHAPTER 4 GUARDIANS OF ADULTS
Article 1
General Provisions.
29-4-1. (For effective date, see note.) Prerequisite findings prior to appointment of guardian for adult; extent of guardianship.
29-4-2. Qualifications of guardians selected for adults.
29-4-3. Order of preference in selection of guardians; written request nominating guardian; requirements of writing.
Article 2
Procedure for Appointment.
29-4-10. (For effective date, see note.) Petition for appointment of guardian; requirements for petition.
29-4-11. Prerequisite judicial finding of probable cause; notice; petition; evaluations; reporting requirements.
29-4-12. Judicial review of pleadings and evaluation report; findings; hearing.
29-4-13. Requirements of order granting guardianship; service.
29-4-14. (For effective date, see note.) Petition for appointment of emergency guardian; requirements of petition.
29-4-15. Prerequisite findings prior to appointment of emergency guardian; evaluation; notice; hearing.
29-4-16. (For effective date, see note.) Conduct of emergency guardianship hearing; limitations on emergency guardianship.
29-4-17. (Repealed effective January 1, 2020) Responsibility for paying expenses of any hearing.
29-4-18. Temporary medical consent guardianship.
Article 3
Protection of the Ward.
29-4-20. Rights of the ward; impact on voting and testamentary capacity.
29-4-21. Rights and privileges removed from ward upon appointment of guardian.
29-4-22. Decisions on ward's well-being; obligations of guardian; liability of guardian.
29-4-23. Powers and rights of guardian; appointment of guardian ad litem; coordination and cooperation with conservator or others.
29-4-24. Disclosure of conflicts of interest.
29-4-25. Oath or affirmation of guardian.
Article 4
Requirement of Guardian.
29-4-30. (For effective date, see note.) Bond; recording of bond; payment of bond premium.
Article 5
Review and Termination of Guardianship.
29-4-40. Inquiry into unjust denial of rights or privileges of ward.
29-4-41. Modification of guardianship.
29-4-42. Termination of guardianship; required evidence; burden of proof; return of property.
29-4-43. Petition of guardian for dismissal; order of dismissal.
Article 6
Alternative or Successor Guardians.
29-4-50. Resignation of guardian; required showing; alternative guardian; individuals entitled to notice; hearing.
29-4-51. Appointment of successor guardian; notice to interested individuals; hearing; order.
29-4-52. Revocation or suspension of guardianship; investigation; impact on other proceedings.
29-4-53. Breach of fiduciary duty by guardian.
29-4-54. Statute of limitations.
Article 7
Temporary Substitute Guardians.
29-4-60. Appointment of temporary substitute guardian; period of service; service on ward; removal.
29-4-61. (For effective date, see note.) Appointment of successor guardian and legal counsel; notice to interested parties; hearing.
29-4-62. Delivery of property and final report from predecessor guardian.
Article 8
Appellate Proceedings.
29-4-70. Right of ward to appeal; procedure; appointment of emergency guardian.
Article 9
Jurisdiction.
Part 1
GENERAL PROVISIONS.
29-4-80. Removal to jurisdiction where ward resides; appointment of guardian ad litem; certification and transfer of records; scope of jurisdiction.
Part 2
PROCEDURE.
29-4-85 through 29-4-88 [Repealed].
Part 3
TRANSFER OF GUARDIANSHIP.
29-4-90 through 29-4-94 [Repealed].
Part 4
RIGHTS AND RESPONSIBILITIES OF FOREIGN GUARDIANS.
29-4-95. "Foreign guardian" defined; sale of ward's property.
29-4-96. Power to recover property.
29-4-97. Required filings with clerk of court.
29-4-98. (For effective date, see note.) Submission to jurisdiction; registration of guardianship order.
Annotations
Cross references. - Protective services for abused, neglected, or exploited disabled adults, § 30-5-1 et seq. Claim by guardian or trustee or mental incompetent or minor, § 34-9-85. Appointment of guardian for incompetent adult for purposes of administering workers’ compensation benefits to which such incompetent adult is entitled, § 34-9-226. Appointment of representatives and guardians ad litem for persons undergoing treatment for mental illness, mental retardation, alcoholism, §§ 37-3-147, 37-4-107, 37-7-147. Rights and privileges of patients and their representatives, T. 37, C. 3, Art. 6. Editor’s notes. - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides, in part, that: ‘‘all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.’’
Law reviews. - For article, ‘‘The
‘‘Foreign guardian’’ defined; sale of ward’s property. Power to recover property. Required filings with clerk of court. Submission to jurisdiction.
Georgia Law of Insanity,’’ see 3 Ga. B.J. 28 (1941). For article, ‘‘The Olmstead Decision: The Road to Dignity and Freedom,’’ see 26 Ga. St. U.L. Rev. 651 (2010). For article, ‘‘Olmstead’s Promise and Cohousing’s Potential,’’ see 26 Ga. St. U.L. Rev. 663 (2010). For article, ‘‘From the Inside Out: Personal Perspectives of Six Georgians on Their Institutional Experiences,’’ see 26 Ga. St. U.L. Rev. 741 (2010). For article, ‘‘The Constitutional Right to Community Services,’’ see 26 Ga. St. U.L. Rev. 763 (2010). For article, ‘‘Reconsidering Makin v. Hawaii: The Right of Medicaid Beneficiaries to Home-Based Services as an Alternative to Institutionalization,’’ see 26 Ga. St. U.L. Rev. 803 (2010). For article, ‘‘The Potential and Risks of Relying on Title II’s Integration Mandate to Close Segregated Institutions,’’ see 26 Ga. St. U.L. Rev. 855 (2010). For article, ‘‘Beyond Residential Segregation: The Application of Olmstead to Segregated Employment Settings,’’ see 26 Ga. St. U.L. Rev.
875 (2010). For article, ‘‘From Almshouses to Nursing Homes and Community Care: Lessons from Medicaid’s History,’’ see 26 Ga. St. U.L. Rev. 937 (2010). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012). For note on 1995 amendments of Code
sections in this chapter, see 12 Ga. St. U.L. Rev. 216 (1995). For note, ‘‘Deinstitutionalization: Georgia’s Progress in Developing and Implementing an ‘Effectively Working Plan’ as Required by Olmstead v. L.C. ex rel,’’ see 25 Ga. St. U.L. Rev. 699 (2009).
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 49-6, as it read prior to revision by Ga. L. 1980, p. 1661, and former T. 29, Ch. 5 are included in the annotations for this Code section. Joint tenancy not terminated by tenant’s incapacity. - Joint tenancies in bank and stock investment accounts and in real property did not terminate as a matter of law when one of the joint tenants was declared incapacitated and a guardian was appointed for that person and for the property. A guardian, unlike a
trustee, has no beneficial title in the ward’s estate, but is merely a custodian or manager. Moore v. Self, 222 Ga. App. 71, 473 S.E.2d 507 (1996) (decided under former O.C.G.A. Ch. 5, T. 29). Former Chapters 49-6 and 88-5 of the 1933 Code (former O.C.G.A. Ch. 5, T. 29 and Ch. 3, T. 37) were meant to be read together for procedural purposes. Kiker v. Kiker, 126 Ga. App. 39, 189 S.E.2d 880 (1972) (decided under former Code 1933, Ch. 49-6). Cited in Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981); Snider v. Lavender, 164 Ga. App. 591, 298 S.E.2d 582 (1982).
RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, §§ 21 et seq., 37, 56 et seq. Am. Jur. Trials. - 138 Am. Jur. Trials, Guardianships, §§ 2, 5, 23, 26 et seq., 36 et seq., 42 et seq., 59, 60. ALR. - Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 A.L.R. 715. Constitutionality of statute making physical disability ground for appointment of guardian of person or property, 30 A.L.R. 1381. Liability of insane person for tort, 51 A.L.R. 833; 89 A.L.R. 476. Waiver by alleged incompetent of notice of inquisition proceeding or proceeding for appointment of guardian, 152 A.L.R. 1247.
Liability of incompetent’s estate for care and maintenance furnished by public institution or hospital before incompetent’s acquisition of any estate or property, 33 A.L.R.2d 1257. Power of guardian, committee, or trustee of mental incompetent, after latter’s death, to pay debts and obligations, 60 A.L.R.2d 963. Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946. Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A.L.R.3d 774. Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.
ARTICLE 1 GENERAL PROVISIONS