2019 Georgia Code
Title 29 - Guardian and Ward
Chapter 4 - Guardians of Adults
Article 1 - General Provisions
§ 29-4-2. Qualifications of guardians selected for adults

Universal Citation: GA Code § 29-4-2 (2019)
  • (a) 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.

  • (b) No individual may be appointed as guardian of an adult who:

    • (1) Is a minor, a ward, or a protected person;

    • (2) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult's best interest; or

    • (3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.

  • (c) No entity may be appointed as guardian of an adult which:

    • (1) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult's best interest; or

    • (2) Is a long-term care or other caregiving institution or facility at which the adult is receiving care.

History:

Code 1981, § 29-4-2, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 509, § 2/HB 394; Ga. L. 2009, p. 453, § 2-2/HB 228.

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