Skip to main content

Georgia Code Title 29. Guardian and Ward § 29-4-1

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a)?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.

(b)?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.

(c)?No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult.

(d)?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.

(e)(1)?No adult shall be presumed to be in need of a guardian unless:

(A)?He or she has been adjudicated to be in need of a guardian pursuant to this chapter; ?or

(B)?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.

(2)?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:

(C)?Articles 2 through 6 of Chapter 3 of Title 37;

(D)?Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8;

(E)?Articles 2 through 5 of Chapter 4 of Title 37;

(G)?Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; ?and

(H)?Articles 2 through 6 of Chapter 7 of Title 37.

(f)?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.

Cite this article: FindLaw.com - Georgia Code Title 29. Guardian and Ward § 29-4-1 - last updated April 14, 2021 | https://codes.findlaw.com/ga/title-29-guardian-and-ward/ga-code-sect-29-4-1.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard