2022 Georgia Code
Title 29 - Guardian and Ward
Chapter 4 - Guardians of Adults
Article 1 - General Provisions
§ 29-4-1. Prerequisite Findings Prior to Appointment of Guardian for Adult; Extent of Guardianship
- The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety.
- No guardian, other than a guardian ad litem or a guardian appointed in an emergency under paragraph (1) of subsection (a) of Code Section 29-11-13, shall be appointed for an adult except pursuant to the procedures of this chapter.
- No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult.
- No guardian shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a guardian for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
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- No adult shall be presumed to be in need of a guardian unless:
- He or she has been adjudicated to be in need of a guardian pursuant to this chapter; or
- The court has recognized another state’s determination of incapacity and the appointment of a guardian as provided in subsection (g) of Code Section 29-11-21.
- An adult shall not be presumed to be in need of a guardian solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
- Code Section 37-1-1;
- Code Sections 37-3-1 through 37-3-6;
- Articles 2 through 6 of Chapter 3 of Title 37;
- Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8;
- Articles 2 through 5 of Chapter 4 of Title 37;
- Code Section 37-5-3;
- Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and
- Articles 2 through 6 of Chapter 7 of Title 37.
- No adult shall be presumed to be in need of a guardian unless:
- All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult’s actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate.
History. Code 1981, § 29-4-1 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 5/HB 70.
The 2019 amendment, effective January 1, 2020, inserted “or a guardian appointed in an emergency under paragraph (1) of subsection (a) of Code Section 29-11-13” in the middle of subsection (b) and substituted the present provisions of paragraph (e)(1) for the former provisions, which read: “No adult shall be presumed to be in need of a guardian unless adjudicated to be in need of a guardian pursuant to this chapter.”
Cross references.
Appointment of guardian ad litem for incompetent person not otherwise represented in an action, § 9-11-17 .
Domicile of persons of full age placed under power of guardian, § 19-2-5 .
Law reviews.
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 69 Mercer L. Rev. 341 (2017).