O.C.G.A.

O.C.G.A. § 29-9-18 (2019)

Sealing of records on conservatorship or guardianship

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel of record and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the ward’s legal counsel, the minor, the minor’s parents, and the minor’s legal counsel, the guardian or conservator and the guardian or conservator’s legal counsel, and any surety for the conservator and legal counsel for the surety at any time.

(b) A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days’ prior written notice of a hearing on the petition; provided, however, that for good cause shown to the court, the court may shorten such notice period or grant the petition without notice. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest, and the court shall limit the portion of the file to which access is granted to that which is required to meet the legitimate needs of the petitioner.

History

(Code 1981, § 29-9-18, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2008, p. 715, § 7/SB 508.)

Annotations

Law reviews. - For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008). For annual survey on trial practice

and procedure, see 61 Mercer L. Rev. 363 (2009). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 61 Mercer L. Rev. 385 (2009).

Notes of Decisions
Cited in 3 cases, 2009–2018 · leading case: Sharpton v. Hall, 674 S.E.2d 105 (Ga. Ct. App. 2009).
Sharpton v. Hall, 674 S.E.2d 105 (Ga. Ct. App. 2009). · cites it 8× “In this case of first impression, we are called upon to construe OCGA § 29-9-18, governing the granting of access to sealed records of a conservatorship or guardianship.”
In Re: Pub. Access Policy of the Unified Jud. Sys. of Pennsylvania Case Records of the Appellate & Trial Courts (Pa. 2017). “3701), Georgia ( Ga. Code Ann. § 29-9-18 ), Idaho (ID. R. Admin.”
In Re: Order Amending Pub. Access Policy of the UJS of PA Case Records of Appellate & Trial Courts (Pa. 2018). “3701), Georgia ( Ga. Code Ann. § 29-9-18 ), Idaho (ID. R. Admin.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.