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2018 Georgia Code 29-4-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-4-61 Case Law from Google Scholar Amendments to OCGA 29-4-61

TITLE 29 GUARDIAN AND WARD

Section 4. Guardians of Adults, 29-4-1 through 29-4-98.

ARTICLE 7 TEMPORARY SUBSTITUTE GUARDIANS

29-4-61. Appointment of successor guardian and legal counsel; notice to interested parties; hearing.

  1. The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-11.
  2. The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
    1. The spouse of the ward; and
    2. All adult children of the ward; or
    3. If there is no adult child, then at least two adults in the following order of priority:
      1. Lineal descendants of the ward;
      2. Parents and siblings of the ward; and
      3. Friends of the ward.
  3. After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.

(Code 1981, §29-4-61, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1848 are included in the annotations for this Code section.

Guardian must present suitable successor who is willing to accept.

- Before guardian is permitted to resign the guardian must present a fit and suitable person to the ordinary (now judge of probate court) as successor who is willing to accept. Bryce v. Wynn, 50 Ga. 332 (1873) (decided under former Code 1873, § 1848); King v. Hughes, 52 Ga. 600 (1874);(decided under former Code 1873, § 1848).

Order permitting resignation is not judgment that full settlement and accounting have been made. King v. Hughes, 52 Ga. 600 (1874) (decided under former Code 1873, § 1848).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 56, 85.

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 20 et seq., 24 et seq., 35, 36, 48, 49, 281.

ALR.

- Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199.

Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.

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