2023 CODE OF GEORGIA
Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42)
Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98)
Article 7 - APPOINTMENT OF TEMPORARY AND SUCCESSOR GUARDIAN (§§ 29-4-60 — 29-4-62)
Section 29-4-61 - Appointment of successor guardian and legal counsel; notice to interested parties; hearing

Universal Citation:
GA Code § 29-4-61 (2023)
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.

  • (a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-3.
  • (b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
    • (1) The spouse of the ward; and
    • (2) All adult children of the ward; or
    • (3) If there is no adult child, then at least two adults in the following order of priority:
      • (A) Lineal descendants of the ward;
      • (B) Parents and siblings of the ward; and
      • (C) Friends of the ward.
  • (c) After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.

Amended by 2019 Ga. Laws 233,§ 11, eff. 1/1/2020.

Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.


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