2019 Georgia Code
Title 29 - Guardian and Ward
Chapter 4 - Guardians of Adults
Article 3 - Protection of the Ward
§ 29-4-23. Powers and rights of guardian; appointment of guardian ad litem; coordination and cooperation with conservator or others

Universal Citation: GA Code § 29-4-23 (2019)
  • (a) Unless inconsistent with the terms of any court order relating to the guardianship, a guardian may:

    • (1) Take custody of the person of the ward and establish the ward's place of dwelling within this state;

    • (2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consents or approvals that may be necessary for medical or other professional care, counsel, treatment, or service for the ward;

    • (3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalf of the ward; and

    • (4) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare of the ward.

  • (b) At the time of the appointment of the guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such notice, if any, as the court shall determine, provided that no disposition of the ward's property shall be made without the involvement of a conservator, if any:

    • (1) To establish the ward's place of dwelling outside this state;

    • (2) To change the jurisdiction of the guardianship to another county in this state that is the county of the ward's place of dwelling, pursuant to Code Section 29-4-80;

    • (3) To change the domicile of the ward to the ward's or the guardian's place of dwelling, in the determination of which the court shall consider the tax ramifications and succession and inheritance rights of the ward and other parties;

    • (4) To bring an action for the divorce of the ward based on any of the grounds listed in Code Section 19-5-3, except on the ground that the marriage is irretrievably broken;

    • (5) To consent to the adoption of the ward;

    • (6) To receive reasonable compensation from the estate of the ward for services rendered to the ward; and

    • (7) If there is no conservator, to disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20.

  • (c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the ward.

  • (d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the ward and the views of the conservator, if any, or, if there is no conservator, of others who have custody of the ward's property.

  • (e) In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody of the ward's property.

History:

Code 1981, § 29-4-23, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2011, p. 752, § 29/HB 142.

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