§ 29-4-80. Removal to Jurisdiction Where Ward Resides; Appointment of Guardian Ad Litem; Certification and Transfer of Records; Scope of Jurisdiction
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. 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 […]
§ 29-4-25. Oath or Affirmation of Guardian
Before entering upon the duties of the appointment, every guardian appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a guardian and to account faithfully for the estate. The oath or affirmation of a guardian may be subscribed […]
§ 29-4-95. “Foreign Guardian” Defined; Sale of Ward’s Property
For purposes of this part, a “foreign guardian” is a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of an incapacitated adult referred to as the “ward” and whose guardianship has not […]
§ 29-4-2. Qualifications of Guardians Selected for Adults
Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Services is appointed pursuant to subsection (b.1) of Code Section 29-4-3. No individual may be appointed as guardian of an adult who: Is a minor, a ward, or a protected person; Has a […]
§ 29-4-3. Order of Preference in Selection of Guardians; Written Request Nominating Guardian; Requirements of Writing
The court shall appoint as guardian that individual who will best serve the interest of the adult, considering the order of preferences set forth in this Code section. The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference; provided, however, that the court may […]
§ 29-4-10. Petition for Appointment of Guardian; Requirements for Petition
Any interested person, including the proposed ward, may file a petition for the appointment of a guardian. Such petition shall be filed in the court of the county in which: The proposed ward is domiciled; The proposed ward is found; provided, however, that if the court of the county where the proposed ward is found […]
§ 29-4-11. Prerequisite Judicial Finding of Probable Cause; Notice; Petition; Evaluations; Reporting Requirements
Upon the filing of a petition for guardianship of a proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1. If the court determines that there […]
§ 29-4-12. Judicial Review of Pleadings and Evaluation Report; Findings; Hearing
After the filing of the evaluation report, the court shall review the pleadings and the evaluation report. If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1, the court shall dismiss […]
§ 29-4-13. Requirements of Order Granting Guardianship; Service
The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting guardianship shall specify: The name of the guardian and the basis for the selection; Any powers retained by the ward pursuant to Code Section 29-4-21; The […]
§ 29-4-14. Petition for Appointment of Emergency Guardian; Requirements of Petition
Any interested person, including the proposed ward, may file a petition for the appointment of an emergency guardian. Such petition shall be filed in the court of the county in which: The proposed ward is domiciled; The proposed ward is found; or Jurisdiction is otherwise proper under Code Section 29-11-12. The petition for appointment of […]