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2006 Georgia Code - 29-2-11
29-2-11. (a) A designation of a standby guardian shall be in writing and shall be signed by the designating individual or by some other individual in the designating individuaĺs presence and at the designating individuaĺs express direction. The designation shall be attested to and subscribed by two or more competent witnesses. Neither the witness nor an individual signing on behalf of the designating individual may be named the standby guardian. (b) A standby guardian designation shall set forth the name, address, and county of domicile of the designating individual and of the standby guardian; the name, address, county of domicile, and date of birth of the minor; and the circumstances which define the parent or guardian as a designating individual. With regard to a parent of the minor who is not the designating individual, the designation shall state, to the extent known, that parent́s name and address and if that parent is deceased, has his or her parental rights terminated, and whether that parent cannot be located. The designation shall include a statement of consent, signed by the standby guardian, to serve in such capacity. (c) A standby guardian designation shall be in substantially the following form and contain the following information:DESIGNATION OF STANDBY GUARDIAN
(1) IDENTIFICATION OF DESIGNATING INDIVIDUAL: I, ______________________________ (insert name of person designating the standby guardian), whose address is _____________ (insert address) and whose county and state of domicile are __________________ (insert name of county and state), am: (Check and complete the ones which apply) (A) _____ The parent with physical custody of the minor child or children listed below and my parental rights are not terminated; and the other parent, whose name is ____________ (insert name of other parent) and whose address is _______________ (insert address of other parent), of the minor child or children listed below: ______ (A-1) Is deceased; ______ (A-2) Has his or her parental rights to the minor or minors terminated; ______ (A-3) Cannot be found after a diligent search has been made; or ______ (A-4) Has consented to the designation of and service by the standby guardian as set forth below; or (B) _____ The guardian of the minor child or children listed below, who is duly appointed and serving pursuant to court order. (2) IDENTIFICATION OF MINOR(S): The minor or minors for whom I am designating a standby guardian are:
NAME | ADDRESS (include county of domicile) | DATE OF BIRTH |
___________________ | ___________________ | ___________________ |
___________________ | ___________________ | ___________________ |
________________________________
(Designating individual signs here)
(Print name of designating individual)
We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian, and state that the designating individual signed this designation in our presence.
___________________________ ____________________________ (Signature of first witness) (Print first witnesśs address)
_________________________ ____________________________ (Signature of second witness) (Print second witnesśs address) (7) CONSENT OF PARENT (To be completed only if line A-4 in paragraph (1) above has been checked): I, ________________________ (insert name of parent other than the one designating the standby guardian), whose address is _____________________ (insert address), am the parent of the above named minor(s). I understand that by this form, an individual is being designated to serve as a standby guardian of my child (or children). I understand that this standby guardian will have all the rights, duties, and responsibilities under Georgia law of a guardian of the person of a minor who has been appointed by a court. I further understand that I may object to this designation. Knowing this, I consent to the designation of _________________________ (insert name of standby guardian). This _____ day of ______________, ____.
_________________________
(Other parent signs here)
(Print name of other parent)
We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the above-named parent signed this consent in our presence.
___________________________ ____________________________ (Signature of first witness) (Print first witnesśs address)
___________________________ ____________________________ (Signature of second witness) (Print second witnesśs address) (8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN: I, _______________________ (insert name of designated standby guardian), am the individual designated as the standby guardian in this document. I hereby accept this designation with full knowledge that upon a health care professional making a written determination that the parent of the minor(s) is not able to care for the minor(s) due to his or her physical or mental health or condition, I automatically take on this guardianship. Further, I understand that I must file a notice of my becoming a standby guardian, a copy of this designation, and a copy of the health determination with the probate court as soon as the health determination has been made. I understand that within 120 days of the health determination being made I must petition the probate court to name me as guardian of the minor(s). This _____ day of ______________, ____.
_____________________________
(Standby guardian signs here)
(Print name of standby guardian)
We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the standby guardian signed this document in our presence.
___________________________ ____________________________ (Signature of first witness) (Print first witnesśs address)
___________________________ ____________________________ (Signature of second witness) (Print second witnesśs address)
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