§ 29-5-1. Conservator for Adults; Best Interest of the Adult; No Presumption of Need for Conservator; Objective of Conservatorship

1. The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property.
2. No conservator, except a conservator appointed under paragraph (2) of subsection (a) of Code Section 29-11-13 or a conservator for the estate of an individual who is missing or who is believed to be dead, shall be appointed for any adult except pursuant to the procedures of this chapter.
3. No conservator shall be appointed for an adult unless the appointment is in the best interest of the adult.
4. No conservator shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a conservator for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
5. 1. No adult shall be presumed to be in need of a conservator unless:
      1. He or she has been adjudicated to be in need of a conservator pursuant to this chapter; or
      2. The court has recognized another state’s determination of a protected person’s incapacity and the appointment of a conservator as provided in subsection (g) of Code Section 29-11-21.
   2. An adult shall not be presumed to be in need of a conservator solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
      1. Code Section 37-1-1;
      2. Code Sections 37-3-1 through 37-3-6;
      3. Articles 2 through 6 of Chapter 3 of Title 37;
      4. Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8;
      5. Articles 2 through 5 of Chapter 4 of Title 37;
      6. Code Section 37-5-3;
      7. Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and
      8. Articles 2 through 6 of Chapter 7 of Title 37.
6. All conservatorships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult’s actual and adaptive limitations after a determination that less restrictive alternatives to the conservatorship are not available or appropriate.

History. Code 1981, § 29-5-1 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 13/HB 70.

The 2019 amendment, effective January 1, 2020, inserted “a conservator appointed under paragraph (2) of subsection (a) of Code Section 29-11-13 or” in the middle of subsection (b) and substituted the present provisions of paragraph (e)(1) for the former provisions, which read: “No adult shall be presumed to be in need of a conservator unless adjudicated to be in need of a conservator pursuant to this chapter.”

Cross references.

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 .

Law reviews.

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012).

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 69 Mercer L. Rev. 341 (2017).

For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).