2018 Georgia Code
Title 29 - Guardian and Ward
Chapter 4 - Guardians of Adults
Article 1 - General Provisions
§ 29-4-1. Prerequisite findings prior to appointment of guardian for adult; extent of guardianship

Universal Citation: GA Code § 29-4-1 (2018)
  • (a) The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety.

  • (b) No guardian, other than a guardian ad litem, shall be appointed for an adult except pursuant to the procedures of this chapter.

  • (c) No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult.

  • (d) No guardian 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 guardian for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.

  • (e)

    • (1) No adult shall be presumed to be in need of a guardian unless adjudicated to be in need of a guardian pursuant to this chapter.

    • (2) An adult shall not be presumed to be in need of a guardian 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:

      • (A) Code Section 37-1-1;

      • (B) Code Sections 37-3-1 through 37-3-6;

      • (C) Articles 2 through 6 of Chapter 3 of Title 37;

      • (D) Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8;

      • (E) Articles 2 through 5 of Chapter 4 of Title 37;

      • (F) Code Section 37-5-3;

      • (G) Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and

      • (H) Articles 2 through 6 of Chapter 7 of Title 37.

  • (f) All guardianships 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 guardianship are not available or appropriate.

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