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2023 CODE OF GEORGIA
Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42)
Chapter 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78)
Article 2 - PROTECTION OF MINOR (§§ 29-2-20 — 29-2-25)
Section 29-2-22 - Authority of guardian; appointment of guardian ad litem
Universal Citation:
GA Code § 29-2-22 (2023)
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- (a) The appointment of a guardian shall vest in the guardian the exclusive power, without court order, to:
- (1) Take custody of the person of the minor and establish the minor's place of dwelling within this state;
- (2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consent or approval that may be necessary for medical or other professional care, counsel, treatment, or services for the minor;
- (3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor;
- (4) Execute a surrender of rights to enable the adoption of the minor pursuant to the provisions of Article 1 of Chapter 8 of Title 19 or the adoption laws of any other state; and
- (5) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare of the minor.
- (b) At the time of the appointment of the guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such notice, if any, as the court shall determine, provided that no disposition of the minor's property shall be made without the involvement of a conservator, if any:
- (1) To establish the minor's place of dwelling outside this state;
- (2) To change the jurisdiction of the guardianship to another county in this state that is the county of the minor's place of dwelling, pursuant to Code Section 29-2-60;
- (3) To change the domicile of the minor to the minor's or the guardian's place of dwelling, in the determination of which the court shall consider the tax ramifications and the succession and inheritance rights of the minor and other parties;
- (4) To consent to the marriage of the minor;
- (5) To receive reasonable compensation from the estate of the minor for services rendered to the minor; and
- (6) If there is no conservator, to disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20.
- (c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the minor and shall give notice to any natural guardian of the minor.
- (d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the minor and the views of the conservator, if available, or, if there is no conservator, of others who have custody of the minor's property.
- (e) In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody of the minor's property.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Amended by 2009 Ga. Laws 171,§ 5, eff. 7/1/2009.
Former § 29-2-22 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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