§ 29-2-12. Revocation of Standby Guardianship Prior to and Subsequent to Health Determination
At any time before the health determination is made, a standby guardianship may be revoked without notice to anyone by destruction or obliteration of the designation done by the designating individual with an intent to revoke or by a written revocation signed by the designating individual or by some other individual in the designating person’s […]
§ 29-2-40. Petition to Resign Guardianship; Requirements; Service; Hearing; Appointment of Successor Guardian
A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that: The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause; Greater burdens […]
§ 29-2-13. Petition Seeking Temporary Guardianship; Automatic Termination of Standby Guardianship
Within 120 days of the health determination being made, the standby guardian shall file with the probate court in the county of domicile of the minor a petition seeking temporary guardianship of the minor. Except as otherwise provided, a standby guardianship shall automatically terminate 120 days after the making of the health determination unless the […]
§ 29-2-41. Appointment of Successor Guardian
In the event of the death of a guardian, and upon the petition of an interested person or upon the court’s own motion, the court shall appoint a successor guardian. The court shall notify the minor and any guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail […]
§ 29-2-14. Power of Probate Court to Appoint Guardian
The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the probate court of the county in which the […]
§ 29-2-42. Requirement of Guardian to Answer Charges Affecting Obligations as Guardian; Revocation of Guardianship; Impact on Other Proceedings
Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of guardianship or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegations and may require such accounting as the court […]
§ 29-2-15. “Biological Father” Defined; Notice of Petition for Appointment of Permanent Guardian; Protest of Father; Petition to Legitimate
For purposes of this part, the term “biological father” means a father of a minor born out of wedlock whose rights regarding the minor have not been surrendered or terminated but who is not entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25. Notice of a petition […]
§ 29-2-43. Minor’s Cause of Action for Breach of Guardian’s Fiduciary Duties
If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate: To recover damages; To compel performance of the guardian’s duties; To enjoin the commission of a breach of […]
§ 29-2-16. Individuals With Preference for Permanent Guardianship of Minor; Preference Not Controlling
The court shall appoint as permanent guardian that individual who will serve the best interest of the minor, considering the following order of preferences: The adult who is the preference of the minor if the minor is 14 years of age or older; The nearest adult relative of the minor determined according to Code Section […]
§ 29-2-17. Petition for Appointment of Permanent Guardian; Requirements of Petition; Notice
Any interested person may file a petition for the appointment of a permanent guardian of a minor. The petition for appointment of a permanent guardian shall set forth: A statement of the facts upon which the court’s jurisdiction is based; The name, address, and date of birth of the minor; The name, address, and county […]