2025 Code of Georgia
Title 29 - Guardian and Ward (Chs. 1 — 11)
Chapter 2 - Guardians of Minors (Arts. 1 — 6)

Annotations

Notes

Editor’s notes.

Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides, in part: “all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.”

JUDICIAL DECISIONS

Editor’s notes.

In light of the similarity of the statutory provisions, decisions under former law are included in the annotations for this Code section.

Persons dealing with guardian should examine guardian’s authority. —

A guardian is in effect a special agent of the law to manage the estate of a person non sui juris, and it is incumbent upon all persons dealing with the guardian to examine the guardian’s authority. Georgia R. R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S. E. 803, 1934 Ga. LEXIS 443 (1934) (decided under former law).

Guardian cannot use funds to pay third party’s debt. —

Guardian cannot, with or without court order, use minor ward’s funds to pay third party’s debt; nor is the guardian authorized without such an order to invest the funds of the ward in bonds issued by a private corporation. Where the guardian attempts to do either, and tenders to the opposite party in the transaction, as payee, a check bearing the signature of the ward by the guardian, these facts without more are sufficient to put the payee on inquiry as to the validity of the transaction. Georgia R. R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S. E. 803, 1934 Ga. LEXIS 443 (1934) (decided under former law).

Office of guardian of minor expires by operation of law when ward attains majority. Georgia R. R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S. E. 803, 1934 Ga. LEXIS 443 (1934) (decided under former law).

Person cannot obliterate acts incident to former guardianship. —

Person of normal mental faculties cannot, after attaining majority, obliterate all transactions incident to former guardianship, and disregard all impressions received therefrom, merely because they related to events which occurred during minority. Brinsfield v. Robbins, 183 Ga. 258, 188 S. E. 7, 1936 Ga. LEXIS 212 (1936) (decided under former law).

Opinion Notes

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes.

In light of the similarity of the statutory provisions, an opinion under former law is included in the annotations for this Code section.

The age of majority as to guardianships

created prior to July 1, 1972 is 21. 1972 Op. Att’y Gen. No. U72-37 (decided under former law).

Research References & Practice Aids

Cross references.

Appointment of guardian of a child, § 15-11-13.

Permanent guardianship of dependent child, § 15-11-240 et seq.

Appointment of guardian ad litem, § 15-11-476.

Child custody proceedings, § 19-9-1 et seq.

Workers' compensation benefits claim by guardian or trustee of mental incompetent or minor, § 34-9-85.

Appointment of guardian for minor or incompetent workers’ compensation benefit claimant, § 34-9-226.

Patient rights and privileges, § 37-3-140 et seq.

Provision that surviving spouse under 18 years may take share of estate without intervention of guardian, § 53-1-7.

Appointment, representation, and authority of guardians in probate court proceedings, § 53-11-2.

Law reviews.

For article, “The Georgia Law of Insanity,” see 3 Ga. B. J. 28 (1941).

For note on 1995 amendments of sections in this chapter, see 12 Ga. St. U. L. Rev. 216 (1995).

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012).

RESEARCH REFERENCES Am. Jur. 2d.

39 Am. Jur. 2d, Guardians and Wards, § 5 et seq.

Am. Jur. Trials.

138 Am. Jur. Trials, Guardianships, §§ 3, 5, 42 et seq., 59.

ALR.

Validity of appointment of guardian or curator for infant without service of process upon, or notice to, latter, 1 A. L. R. 919.

Subsequent appointment of guardian as curing invalidity of prior sale of ward’s property, 2 A. L. R. 1565.

Constitutionality of statute authorizing guardian to sell or lease land of ward, 4 A. L. R. 1552.

Minority of parent as affecting right to guardianship or custody of person or estate of child, 19 A. L. R. 1043.

Surchargeability of trustee, executor, administrator, or guardian, in respect of mortgage investment, as affected by matters relating to value of property, 117 A. L. R. 871.

Right of trustee or guardian to invest trust funds in stock of private corporation, 122 A. L. R. 657.

Right of trustee or guardian to retain unauthorized securities held by testator or creator of trust, 122 A. L. R. 801; 135 A. L. R. 1528.

Right of guardian of infant or incompetent to appointment as executor or administrator as representative or substitute for infant or incompetent, 135 A. L. R. 585.

Power of guardian or committee to compromise liquidated contact claim or money judgment, and of courts to authorize or approve such a compromise, 155 A. L. R. 196.

Ownership by trustee, executor, or guardian in his own right of stock in a corporation in which he also holds stock in his fiduciary capacity, 161 A. L. R. 1038.

Power of guardian of incompetent to change beneficiary in ward’s life insurance policy, 21 A. L. R.2d 1191.

Liability of incompetent’s estate for torts committed by guardian, committee, or trustee in managing estate, 40 A. L. R.2d 1103.

Right of foreign personal representative or guardian to vote stock owned by estate or ward, 41 A. L. R.2d 1082.

Power of court to confirm sale of ward’s property over objection of guardian, 43 A. L. R.2d 1445.

Construction and effect of instrument authorizing or directing trustee or executor to retain investments received under such instrument, 47 A. L. R.2d 187.

Authorization by trust instrument of investment of trust funds in nonlegal investments, 78 A. L. R.2d 7.

Mental incompetency of defendant at time of action as precluding annulment of marriage, 97 A. L. R.2d 483.

Power to make charitable gifts from estate of incompetent, 99 A. L. R.2d 946.

Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A. L. R.3d 774.

Judgment in guardian’s final accounting proceedings as res judicata in ward’s subsequent action against guardian, 34 A. L. R.4th 1121.

Guardian’s authority, without seeking court approval, to exercise ward’s right to revoke trust, 53 A. L. R.4th 1297.

Validity of inter vivos gift by ward to guardian or conservator, 70 A. L. R.4th 499.

Involuntary disclosure or surrender of will prior to testator’s death, 75 A. L. R.4th 1144.

Hierarchy Notes:

O. C. G. A. Title 29