2019 Georgia Code
Title 29 - Guardian and Ward
Chapter 4 - Guardians of Adults
Article 7 - Temporary Substitute Guardians
§ 29-4-61. Appointment of successor guardian and legal counsel; notice to interested parties; hearing
(a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-3.
(b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The spouse of the ward; and
(2) All adult children of the ward; or
(3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward;
(B) Parents and siblings of the ward; and
(C) Friends of the ward.
(c) After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.
Code 1981, § 29-4-61, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 11/HB 70.
