TITLE 29 GUARDIAN AND WARD

Section 3. Conservators of Minors, 29-3-1 through 29-3-120.

ARTICLE 1 PROPERTY

29-3-8. Petition for appointment of conservator for minor; requirements of petition; notice.

Any person may file a petition for the appointment of a conservator of a minor.
The petition for appointment of a conservator shall set forth:
1. A statement of the facts upon which the court's jurisdiction is based;
2. The name, address, and date of birth of the minor;
3. The name, address, and county of domicile of the petitioner and the petitioner's relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that person's relationship to the minor, if any;
4. Whether to the petitioner's knowledge there exists any notarized or witnessed document made by a parent of the minor that deals with the conservatorship of the minor and the name and address of any designee named in the document;
5. In addition to the petitioner and the nominated conservator, the names and addresses of the following relatives of the minor whose whereabouts are known:
  1. Any parent of the minor whose parental rights have not been terminated;
  2. If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be listed;
  3. If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be listed; or
  4. If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1;
6. A description of all known assets, income, other sources of funds, liabilities, and expenses of the minor;
7. A disclosure of any financial interest that would cause the proposed conservator to have a conflict of interest with the minor;
8. A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22, that are requested by the conservator and a statement of the circumstances that would justify the granting of such powers; and
9. The reason for any omission in the petition for appointment of conservator of a minor in the event full particulars are lacking.
Notice of the petition for appointment of a conservator for a minor shall be given to any designee named in paragraph (4) of subsection (b) of this Code section and the individuals named in paragraph (5) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known current address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a conservatorship or to the selection of the petitioner as conservator, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the date of the mailing of the notice, or within ten days of the date of the second publication of the notice.
If the judge deems it necessary, a temporary conservator may be appointed under the same rules that apply to the appointment of a temporary administrator as provided in Article 4 of Chapter 6 of Title 53.

(Code 1981, §29-3-8, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2011, p. 752, § 29/HB 142.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, §§ 3033 and 3046, former Code 1933, § 49-112, and former O.C.G.A. § 29-5-2 are included in the annotations for this Code section.

For purpose of notice, see New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided prior to amendment of former Civil Code 1810, § 3046 by Ga. L. 1958, p. 673, § 2, which changed notice requirement).

Citation unnecessary to appoint mother as guardian of daughter's property.

- In order for a mother, the natural guardian, to also be appointed guardian of her daughter's property, citation is unnecessary. Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938) (decided under former Code 1933, § 49-112).

Citation necessary for appointment for one not child of applicant.

- When application is for appointment of guardian of a minor child under 14 years of age, other than child of applicant, it is necessary for citation to issue. Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938) (decided under former Code 1933, § 49-112).

Second citation unnecessary.

- It is not necessary to issue a second citation when the first citation of application for letters of administration is for the appointment of one person even though the court issues letters of administration to an entirely different person, as to whose appointment no previous notice had been given to any one. New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided under former Civil Code 1910, § 3046).

No citation is necessary for appointment of testamentary guardian and a testamentary guardian might be authorized by probate court to take charge of property coming to the guardian's ward from sources other than parent's will, without necessity of citation. New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided under former Civil Code 1910, § 3033).

Further notice unnecessary for testamentary guardian over property from other sources.

- Where applicant has already, by will, been made testamentary guardian, it is a matter of testamentary disposition, and there would seem to be no necessity for further notice. Moreover, the law raises implication that there could be no better selection for guardianship of property of minors coming from outside sources than that already provided by the father in his own will as to their persons and property devised by the will. New York Life Ins. Co. v. Gilmore, 171 Ga. 894, 157 S.E. 188 (1931) (decided under former Civil Code 1910, § 3046).

Failure to explain reason for selection of county guardian.

- Probate court, when selecting a new guardian for appellant, erred in failing to consider appellant's next of kin; because the hearing was not recorded, and because the order failed to explain the reason the probate court selected the county guardian as the new guardian, the record supported appellant's argument that the probate court failed to consider the statutory preferences of former O.C.G.A. § 29-5-2(c) in naming a new guardian. In re Phillips, No. A02A2368, Ga. App. , S.E.2d (Oct. 9, 2002) (decided under former O.C.G.A. § 29-5-2).

Cited in Heist v. Dunlap & Co., 193 Ga. 462, 18 S.E.2d 837 (1942); Price v. Matthews, 68 Ga. App. 510, 23 S.E.2d 535 (1942); Henderson v. Hale, 209 Ga. 307, 71 S.E.2d 622 (1952).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, § 59 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 10 et seq., 33 et seq. 57 C.J.S., Mental Health, § 135 et seq.

ALR.

- Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.

Necessity and sufficiency of notice to alleged incompetent of application for appointment of guardian or committee, 23 A.L.R. 594.

Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.

Syfert Injury Law Firm

2018 Georgia Code 29-3-8 | Car Wreck Lawyer