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2018 Georgia Code 29-4-80 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-4-80 Case Law from Google Scholar Amendments to OCGA 29-4-80

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 9 JURISDICTION

29-4-80. Removal to jurisdiction where ward resides; appointment of guardian ad litem; certification and transfer of records; scope of jurisdiction.

  1. A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the ward resides.
  2. Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of the county in which the guardian was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the ward.
  3. Before the removal of the guardianship to another county in this state, the guardian shall file with the court of the county to which the guardianship is to be removed certified copies of all the records pertaining to the guardianship.
  4. Following removal of a guardianship to another county in this state, the court of that county shall have the same jurisdiction over the guardian as if the guardian had been first appointed in that county, and every case growing out of or affecting the guardianship shall be heard and tried only in the county to which the guardianship has been removed.
  5. The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a guardian shall retain jurisdiction of such matters even though the guardianship has been removed to another county.

(Code 1981, §29-4-80, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1812, Cobb's 1851 Digest, p. 318 and Code 1933, § 49-239 are included in the annotations for this Code section.

Compliance discharges surety from further liability on account of guardian.

- When provisions of the Act of 1812 (former O.C.G.A. § 29-2-70) are fully complied with, sureties on first bond are discharged from all further liability on account of their principal. Justices of Inferior Court ex rel. Selman v. Selman, 6 Ga. 432 (1849) (decided under Ga. L. 1812, Cobb's 1851 Digest, p. 318).

For jurisdiction over removal and new appointments where guardian moves from county without removing trust, see Fouts v. Flythe, 54 Ga. App. 108, 187 S.E. 160 (1936) (decided under former Code 1933, § 49-239).

Cited in Jennings v. Longino, 49 Ga. App. 494, 176 S.E. 94 (1934); Great Am. Indem. Co. v. Jeffries, 65 Ga. App. 686, 16 S.E.2d 135 (1941); Rogers v. Taintor, 93 Ga. App. 54, 90 S.E.2d 629 (1955).

RESEARCH REFERENCES

ALR.

- Guardianship of incompetent or infant as affecting venue of action, 11 A.L.R. 167.

PART 2 P ROCEDURE

29-4-85 through 29-4-88.

Reserved. Repealed by Ga. L. 2016, p. 563, § 2/HB 954, effective July 1, 2016.

Editor's notes.

- This part was based on Code 1981, §§ 29-4-85 through29-4-88, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.

PART 3 T RANSFER OF GUARDIANSHIP

29-4-90 through 29-4-94.

Reserved. Repealed by Ga. L. 2016, p. 563, § 2/HB 954, effective July 1, 2016.

Editor's notes.

- This part was based on Code 1981, §§ 29-4-90 through29-4-98, enacted by Ga. L. 2004, p. 161, § 1.

PART 4 R IGHTS AND RESPONSIBILITIES OF FOREIGN GUARDIANS

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, § 274 et seq.

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