2021 Georgia Code
Title 29 - Guardian and Ward
Chapter 2 - Guardians of Minors
Article 1 - Minors
Part 5 - Permanent Guardianship
§ 29-2-14. Power of Probate Court to Appoint Guardian
The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the probate court of the county in which the petition for appointment of a permanent guardian is filed may transfer the case to the probate court of any other county in this state if such transfer would serve the best interest of the minor.
(Code 1981, §29-2-14, enacted by Ga. L. 2004, p. 161, § 1.)
Cross references.- Jurisdiction of courts to appoint guardian of child, § 15-11-6.
Appointment of guardian ad litem in probate proceedings, § 53-3-19 (Pre-1998 Probate Code).
Provision that surviving spouse under 18 years may take share of estate without intervention of guardian, § 53-4-2(3) (Pre-1998 Probate Code).
Law reviews.- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972). For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Ward's Right to Select
- Jurisdiction
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-4-4 are included in the annotations for this Code section.
Cannot appoint guardian of person where child has living parent.
- Unless an appointment of a temporary guardian was made under former O.C.G.A. § 29-4-4.1, a probate court was without authority to appoint a guardian of the person for a minor child if the child had living parents, unless the parents relinquished or forfeited their rights in the child. 1983 Op. Att'y Gen. No. U83-37 (decided under former O.C.G.A. § 29-4-4).
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Guardian and Ward, §§ 19 et seq., 31 et seq.
C.J.S.- 39 C.J.S., Guardian and Ward, § 10 et seq.
ALR.
- Right of attorney, parent, guardian ad litem, or next friend to remit from verdict or judgment in favor of infant, 30 A.L.R. 1111.
Consideration and weight of religious affiliations in appointment or removal of guardian for minor child, 22 A.L.R.2d 696.
Right of infant to select his own guardian, 85 A.L.R.2d 921.
Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.
