2021 Georgia Code
Title 29 - Guardian and Ward
Chapter 1 - General Provisions
§ 29-1-1. Definitions

Except as otherwise provided, as used in this title, the term:

1. "Adult" means an individual who is either 18 years of age or older or an emancipated minor.
2. "Conservator" includes a guardian of the property appointed prior to July 1, 2005, but shall not include a conservator of the estate of an individual who is missing or believed to be dead, as defined in Article 2 of Chapter 9 of Title 53 or a foreign conservator as defined in Part 4 of Article 10 of Chapter 3 and Part 4 of Article 13 of Chapter 5 of this title.
3. "County guardian" means an individual described in Chapter 8 of this title.
4. "Court" means the probate court.
5. "Emergency conservator" means an individual appointed pursuant to the provisions of Code Section 29-5-15.
6. "Emergency guardian" means an individual appointed pursuant to the provisions of Code Section 29-4-14.
7. "Guardian" means an individual appointed pursuant to the provisions of this title and includes a guardian of the person appointed prior to July 1, 2005, but shall not include a guardian ad litem.
8. "Guardian ad litem" means an individual appointed pursuant to the provisions of Code Section 29-9-2.
9. "Interested person" means any person who has an interest in the welfare of a minor, ward, or proposed ward, or in the management of that individual's assets and may include a governmental agency paying or planning to pay benefits to that individual.
10. "Licensed clinical social worker" means a social worker who is licensed in accordance with the provisions of Chapter 10A of Title 43.
11. "Minor" means an individual who is under 18 years of age and who is not emancipated.
12. "Natural guardian" means an individual defined by the provisions of Code Section 29-2-3.
13. "Parent" means a biological or adoptive father or mother whose parental rights have not been surrendered or terminated and, in the case of a child born out of wedlock, the individual or individuals who are entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25.
14. "Permanent guardian" means an individual appointed as guardian of a minor pursuant to Part 5 of Article 1 of Chapter 2 of this title.
15. "Personal representative" means an executor, administrator, successor, personal representative, or the duly qualified and acting personal representative of the estate of a decedent.
16. "Proposed ward" means an adult for whom a petition for the appointment of a guardian or a conservator has been filed.

    (16.1) "Public guardian" means an individual or private entity, including a nonprofit entity, appointed pursuant to Chapter 10 of this title.

17. "Standby guardian" means an individual appointed pursuant to Part 4 of Article 1 of Chapter 2 of this title.
18. "Successor conservator" means an individual who has been appointed as conservator pursuant to Code Section 29-3-91 or 29-5-101.
19. "Successor guardian" means an individual who has been appointed as guardian pursuant to Code Section 29-2-51 or 29-4-61.
20. "Sui juris" means an adult who is not suffering from any legal disability.
21. "Temporary guardian" means an individual who is appointed as a guardian for a minor in accordance with the provisions of Part 3 of Article 1 of Chapter 2 of this title.
22. "Temporary substitute conservator" means an individual who has been appointed as conservator pursuant to Code Section 29-3-90 or 29-5-100.
23. "Temporary substitute guardian" means an individual who has been appointed as guardian pursuant to Code Section 29-2-50 or 29-4-60.
24. "Testamentary conservator" means a person who has been issued letters of conservatorship pursuant to Code Section 29-3-5.
25. "Testamentary guardian" means a person who has been issued letters of guardianship pursuant to Code Section 29-2-4.
26. "VA guardian" means a person appointed pursuant to the provisions of Chapter 7 of this title.
27. "Ward" means an adult for whom a guardian or conservator has been appointed.

(Code 1981, §29-1-1, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2005, p. 509, § 1/HB 364; Ga. L. 2019, p. 1056, § 29/SB 52.)

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "letters of conservatorship" for "letters of guardianship" in paragraph (24).

- Ga. L. 2005, p. 509, § 9/HB 364, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."

JUDICIAL DECISIONS

Constitutionality.

- Because a petition to terminate a guardianship filed in the probate court did not include any constitutional challenge, an order declaring two provisions in the recently revised guardianship code, O.C.G.A. § 29-1-1 et seq., as unconstitutional was reversed, given that a constitutional question was not raised by the pleadings or in any portion of the record; therefore, absent a proper attack, the probate court lacked the authority to strike the provisions down. In the Interest of J.R.R., 281 Ga. 662, 641 S.E.2d 526 (2007).

Cited in Anaya v. Coello, 279 Ga. App. 578, 632 S.E.2d 425 (2006).

138 Am. Jur. Trials, Guardianships, § 1 et seq.