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(Code 1981, §29-4-1, enacted by Ga. L. 2004, p. 161, § 1.)
- Appointment of guardian ad litem for incompetent person not otherwise represented in an action, § 9-11-17.
Domicile of persons of full age placed under power of guardian, § 19-2-5.
- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 69 Mercer L. Rev. 341 (2017).
- In light of the similarity of the statutory provisions, decisions under former Code 1895, § 2570, former Civil Code 1910, § 3089, former Code 1933, § 49-601, as it read prior to revision by Ga. L. 1964, pp. 499, 657, and former O.C.G.A. § 29-5-1 are included in the annotations for this Code section.
- Former Code 1933, § 49-601 was broad enough to cover all classes of insane persons, resident and nonresident. Shea v. Gehan, 70 Ga. App. 229, 28 S.E.2d 181 (1943) (decided under former Code 1933, § 49-601).
- See Royal Indem. Co. v. Agnew, 66 Ga. App. 377, 18 S.E.2d 57 (1941) (decided under former Code 1933, § 49-601).
- There is no provision of law in this state for appointment of guardian for a person sui juris solely on ground of blindness and limited education. Griffin v. Collins, 122 Ga. 102, 49 S.E. 827 (1905) (decided under former Code 1895, § 2570).
- Only ordinaries (now judges of probate courts) of the several counties of this state have power to appoint for insane persons. Meadors v. Walden, 28 Ga. App. 409, 111 S.E. 227 (1922) (decided under former Code 1910, § 3089).
- Default would not be entered against a claimant in a bankruptcy proceeding because there was some evidence that the claimant might be suffering from Alzheimer's disease, and a bankruptcy trustee needed to determine if a conservator or a guardian had been appointed for the claimant, pursuant to O.C.G.A. § 29-4-1 or O.C.G.A. § 29-5-1, in a state probate court before default could be entered. Townson v. Loftin (In re Ford), Bankr. (Bankr. N.D. Ga. Mar. 3, 2009).
- Court of ordinary (now probate court) was vested with original, exclusive, and general jurisdiction over insane persons and the appointment and removal of their guardians. Shea v. Gehan, 70 Ga. App. 229, 28 S.E.2d 181 (1943) (decided under former Code 1933, § 49-601).
- Court of ordinary (now probate court) has jurisdiction to adjudge and have committed an insane person who is present in that county in keeping with law in general relative to power of state over persons found within its borders as provided in former Code 1933, § 15-202 (former O.C.G.A. § 50-2-21). Shea v. Gehan, 70 Ga. App. 229, 28 S.E.2d 181 (1943) (decided under former Code 1933, § 49-601).
- Courts of ordinary (now probate courts) of this state have jurisdiction to appoint guardians for lands of lunatics who reside beyond limits of this state, where property is located in territorial limits of state in which such courts act. Coker v. Gay, 154 Ga. 337, 114 S.E. 217 (1922) (decided under former Civil Code 1910, § 3089).
- Court of ordinary (now probate court) is vested by law with jurisdiction to render judgment granting to guardian of insane person permission to sell land belonging to such ward for purpose of paying debts; proceedings in such case to be in conformity with statutes relating to sales by administrators. Jernigan v. Radford, 182 Ga. 484, 185 S.E. 828 (1936) (decided under former Code 1933, § 49-601).
- All provisions of Code as to settlements of guardians of minors, their resignation, letters of dismission, and distribution of estates of deceased wards, also apply to guardians appointed under former Civil Code 1910, § 3089 (former O.C.G.A. § 29-5-1). Shadburn v. Verner, 169 Ga. 5, 149 S.E. 579 (1929) (decided under former Civil Code 1910, § 3089).
- One may be eligible to have guardian even if ineligible for admission as inmate of Milledgeville State Hospital. Tucker v. American Sur. Co., 78 Ga. App. 327, 50 S.E.2d 859 (1948) (decided under former Code 1933, § 49-601).
- Order granting sons' petition for guardianship and conservatorship of their mother pursuant to O.C.G.A. §§ 29-4-1 and29-5-1(a) was proper because the evidence included, inter alia, the testimony of one of the sons as to his personal knowledge regarding his mother's physical problems, her refusal to either relocate or to hire a private care giver, and her failure to pay her bills; the evidence also included a social worker's evaluation which detailed the mother's erratic behavior and her refusal to pay her bills, which the trial court properly considered pursuant to O.C.G.A. § 29-5-12(d)(4). In re Cash, 298 Ga. App. 110, 679 S.E.2d 124 (2009).
- Decision granting a father guardianship of an adult autistic son was supported by sufficient evidence based on the son's desire to change domicile to the father's home, the son's desire to engage in more activities while at the father's home, as well as the testimony of the attorney appointed for the son, who indicated that while the son undoubtedly faced certain challenges due to autism, the son was not so mentally impaired to lack capacity to choose Georgia as the son's domicile. In the Interest of M. P., 338 Ga. App. 696, 791 S.E.2d 592 (2016).
Cited in Fuller v. Weekes, 105 Ga. App. 790, 125 S.E.2d 662 (1962); Troup v. Troup, 248 Ga. 662, 285 S.E.2d 19 (1981); Snider v. Lavender, 164 Ga. App. 591, 298 S.E.2d 582 (1982); Jones v. Jones, 191 Ga. App. 401, 381 S.E.2d 565 (1989); Cummings v. Stanford, 193 Ga. App. 695, 388 S.E.2d 729 (1989); Epperson v. Epperson, 212 Ga. App. 420, 442 S.E.2d 12 (1994); Doob v. Atkinson, 232 Ga. App. 471, 500 S.E.2d 657 (1998); Trammel v. Bradberry, 256 Ga. App. 412, 568 S.E.2d 715 (2002).
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 49-601 are included in the annotations for this Code section.
- Probate court would have no authority to name guardian for one who is perfectly rational but is only afflicted with arthritis. 1960-61 Op. Att'y Gen. p. 88 (decided under former Code 1933, § 49-601).
- 39 Am. Jur. 2d, Guardian and Ward, §§ 21 et seq., 37, 56 et seq.
13 Am. Jur. Pleading and Practice Forms, Guardian and Ward, §§ 9 et seq., 42 et seq.
138 Am. Jur. Trials, Guardianships, § 18 et seq.
- 57 C.J.S., Mental Health, § 125 et seq.
- Appointment of guardian for infant as affecting rights and duties of parents, 63 A.L.R. 1147.
Power of guardian representing unborn future interest holders to consent to invasion of trust corpus, 49 A.L.R.2d 1095.
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.
Total Results: 4
Court: Supreme Court of Georgia | Date Filed: 2022-04-19
Snippet: for the probate court to determine. See OCGA § 29-4-1 et seq. The order of preference for selecting a
Court: Supreme Court of Georgia | Date Filed: 2021-12-14
Snippet: for the probate court to determine. See OCGA § 29-4-1 et seq. The order of preference for selecting a
Court: Supreme Court of Georgia | Date Filed: 2021-09-21
Snippet: pertaining to guardians of adult wards, see OCGA § 29-4-1 et seq. (the 1 Wiggins is now deceased
Court: Supreme Court of Georgia | Date Filed: 2005-10-24
Citation: 279 Ga. 767, 621 S.E.2d 461, 2005 Fulton County D. Rep. 3194, 2005 Ga. LEXIS 718
Snippet: apply for legal guardianship of B.C.W., see OCGA § 29-4-1 et seq., and neither *768attempted to adopt him