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Georgia State Code
Title      29
Chapter       4  
Section Navigation        1 ... 9          10 ... 17      
Section1 2 3 4 4.1 5 6 7 8 9 >>>  
Title 29, Chapter 4, Section 4.1 (29-4-4.1)

(a)(1) The judge of the probate court of the county in which the minor is found shall have the power to appoint a temporary guardian of the person or property, or both, of the minor when the minor is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardianship rights, or one or both of the natural guardians fail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian.

(2) Provided the requirements in paragraph (1) of this subsection are met, if such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected.

(3) If one or both of the natural guardians of the minor have indicated a preference as to the person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it is stated in a notarized relinquishment of parental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no preference. A preference may be indicated by nomination in a notarized relinquishment of parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later.

(b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardianship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is unknown or is outside this state, by first-class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guardianship within 14 days after such notice is mailed or ten days after such notice is first published, whichever is later, the judge of the probate court shall appoint a temporary guardian.

(c) Upon subsequent application to the court by the minor's natural guardian for dissolution of the temporary guardianship, notice shall be provided to the temporary guardian of such application for dissolution of the temporary guardianship. If no objection to the dissolution of the temporary guardianship is filed within ten days of such notice, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship. If an objection to the dissolution of the temporary guardianship is filed within ten days, the judge of the probate court shall immediately transfer the records relating to the appointment of the temporary guardian and the objection to the dissolution of the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or dissolution of the temporary guardianship is in the best interest of the minor and shall issue an order accordingly.

(d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the ward, such temporary guardianship shall be deemed to be a permanent guardianship.

Saturday May 23 10:43 EDT


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