§ 29-4-97. Required Filings With Clerk of Court
Pending an action brought by a foreign guardian pursuant to Code Section 29-4-96, an authenticated copy of the letters of guardianship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers if the action […]
§ 29-4-98. Submission to Jurisdiction; Registration of Guardianship Order
A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by: Receiving payment of money or taking delivery of personal property in this state belonging to the ward; Doing any act as a guardian in this state that would have given this state jurisdiction […]
§ 29-4-42. Termination of Guardianship; Required Evidence; Burden of Proof; Return of Property
Upon the petition of any interested person, including the ward, or upon the court’s own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and property rights to the ward. Except for good cause shown, the court shall order that […]
§ 29-4-43. Petition of Guardian for Dismissal; Order of Dismissal
Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final […]
§ 29-4-50. Resignation of Guardian; Required Showing; Alternative Guardian; Individuals Entitled to Notice; Hearing
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 serving due to age, illness, infirmity, or other good cause; Greater burdens have […]
§ 29-4-51. Appointment of Successor Guardian; Notice to Interested Individuals; Hearing; Order
In the event of the death of a guardian, and upon the petition of an interested person or on the court’s own motion, the court shall appoint a successor guardian. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward’s legal […]
§ 29-4-52. Revocation or Suspension of Guardianship; Investigation; 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 a guardian 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 […]
§ 29-4-53. Breach of Fiduciary Duty by Guardian
If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate to: Recover damages; Compel performance of the guardian’s duties; Enjoin the commission of a breach of fiduciary duty; […]
§ 29-4-54. Statute of Limitations
All actions against a guardian, except on the guardian’s bond, shall be brought within six years of the termination of the guardianship of the ward, except as provided in Code Section 9-3-90. History. Code 1981, § 29-4-54 , enacted by Ga. L. 2004, p. 161, § 1.
§ 29-4-60. Appointment of Temporary Substitute Guardian; Period of Service; Service on Ward; Removal
Upon its own motion or on the petition of any interested party, including the ward, the court may appoint a temporary substitute guardian for a ward if it appears to the court that the best interest of the ward requires immediate action. The temporary substitute guardian shall be appointed for a specified period not to […]