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2024 CODE OF GEORGIA
Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42)
Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120)
Article 1 - PROPERTY (§§ 29-3-1 — 29-3-10)
Section 29-3-1 - Natural guardian or next friend must qualify as conservator; exception

Universal Citation:
GA Code § 29-3-1 (2024)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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  • (a) For purposes of this Code section, the term "personal property" does not include the value of property that is held for the minor's benefit in trust or by a custodian under Article 5 of Chapter 5 of Title 44, "The Georgia Transfers to Minors Act."
  • (b) The natural guardian or next friend of a minor may not receive the personal property of the minor until the natural guardian or next friend becomes the legally qualified conservator of the minor; provided, however, that when the total value of all personal property of the minor is $25,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property.
  • (c) Upon receiving an affidavit:
    • (1) That the value of all the personal property of a minor will not exceed $25,000.00 in value;
    • (2) That no conservator has been appointed for the minor's estate; and
    • (3) That the affiant is the natural guardian of the minor,

      any person indebted to or holding personal property of the minor shall be authorized to pay the amount of the indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the minor and shall not be required to see to the application or disposition of the personal property.

  • (d) This Code section shall not authorize a temporary, testamentary, or permanent guardian to receive personal property of the minor unless the guardian becomes the legally qualified conservator of the minor.

Amended by 2022 Ga. Laws 745,§ 1, eff. 5/2/2022.

Former § 29-3-1 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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