Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1838, former Code 1895, § 2571, and former Code 1933, § 49-603, as it read prior to revision by Ga. L. 1980, p. 1661, § 1, are included in the annotations for this Code section.

Guardian empowered to appoint agent.

- Guardian had power to appoint agent to act for guardian during absence in confederate army, and any act of agent within scope of agent's authority would be as valid as that of guardian. Tarpley v. McWhorter, 56 Ga. 410 (1876) (decided under former Code 1873, § 1838).

Guardian is entitled to possession of ward's effects.

- Guardian of person and property of a lunatic is entitled to retain possession and control of ward's effects so long as guardianship continues; and to deprive the guardian of such possession and control before ward is restored to sanity, it is necessary that the guardian's letters be revoked and another guardian appointed. Bonner v. Evans, 89 Ga. 656, 15 S.E. 906 (1892) (decided under prior law).

Commingling of funds and failure to account is breach.

- Deposit of ward's funds to individual account of guardian, and failure to account therefor, is per se breach of the bond. Hawes v. Standard Accident Ins. Co., 54 Ga. App. 776, 189 S.E. 59 (1936) (decided under former Code 1933, § 49-603).

Guardian cannot maintain divorce proceedings.

- Suit for divorce instituted by guardian in behalf of one who has been adjudicated insane cannot be maintained in this state; the right to bring and prosecute such an action being strictly personal, and not within authority conferred by law upon a guardian. Phillips v. Phillips, 203 Ga. 106, 45 S.E.2d 621 (1947) (decided under former Code 1933, § 49-603).

Father had right to visitation with child over guardian's objection.

- Although a disabled adult child's mother as guardian had authority to exercise the powers reasonably necessary to provide for the child's health and welfare, O.C.G.A. § 29-4-23(a)(4), the child had the right to communicate freely with persons other than the guardian, pursuant to O.C.G.A. § 29-4-20(a)(4). In the absence of any medical or other direct testimony that visitation would have a negative impact on the child, the child's father had the right to visitation with his daughter over the mother's objection. Mitchum v. Manning, 304 Ga. App. 842, 698 S.E.2d 360 (2010).

Probate court had the authority to establish a set visitation schedule between an adult mentally disabled ward and the ward's father in order to protect the ward's rights and best interests under the broad powers granted in O.C.G.A. §§ 15-9-30(a),29-4-40, and29-4-41, despite the mother's/guardian's objection to the visitation. In re Estate of Wertzer, 330 Ga. App. 294, 765 S.E.2d 425 (2014).

Proceeding by next friend for waste with proceeding to remove guardian.

- If a next friend suing in behalf of a lunatic can maintain an action for waste committed by the guardian, or recover money in the guardian's hands, it can be done only in connection with a proceeding to remove the guardian and revoke guardianship letters. Bonner v. Evans, 89 Ga. 656, 15 S.E. 906 (1892) (decided under prior law).

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, § 86 et seq.

C.J.S.

- 57 C.J.S., Mental Health, §§ 176 et seq., 185 et seq.

ALR.

- Amount of attorneys' compensation in matters involving guardianship and trusts, 57 A.L.R.3d 550.

Right of guardian or committee of incompetent to incur obligations so as to bind incompetent or his estate, or to make expenditures, without prior approval by court, 63 A.L.R.3d 780.