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Georgia State Code
Title      29
Chapter       5  
Section Navigation        1 ... 9          10 ... 13      
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Title 29, Chapter 5, Section 2 (29-5-2)

(a) Any person not otherwise disqualified may be appointed guardian of the person or property, or both, of an incapacitated adult.

(b) The preferences set forth in this Code section must be considered by the court in selecting a guardian; however, 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 or, in appointing a property guardian, may appoint a corporation having general trust powers if the court finds such person or corporate fiduciary to be substantially more qualified and such appointment to be clearly in the best interests of the ward. In determining whether to depart from the preferences set forth in this Code section, the court shall consider all relevant factors, including the ability of the person to perform the duties of a guardian under this chapter and the period of time which has elapsed since any person was nominated by the prospective ward or another.

(c) Persons who are not disqualified have preference in the following order:

(1) An individual nominated by the incapacitated adult prior to the filing of the petition for a finding of incapacity, if at the time of nomination the incapacitated adult was 18 or more years of age and had, in the opinion of the court, sufficient mental capacity to make an intelligent choice. The nomination must be in writing, signed by such adult, attested by at least two witnesses, and must not have been revoked by a later writing signed by such adult and attested by at least two witnesses;

(2) The spouse of the incapacitated person;

(3) An adult child of the incapacitated person;

(4) A parent of the incapacitated person or, if none, a person nominated by will or other writing signed by a deceased parent and attested by at least two witnesses, whichever instrument is later;

(5) A guardian of a minor child, upon the child's reaching majority, in the event he is then adjudicated as incapacitated within the meaning of this chapter; a guardian of the person in the event of an application for guardian of the property or a guardian of the property in the event of an application for guardian of the person;

(6) A relative or other person who has provided care for the incapacitated person and with whom the incapacitated person has resided for a significant period prior to the time of application; and

(7) Other persons, such as relatives; persons nominated by a spouse, adult child, parent, or guardian; or private persons providing income or other care to the incapacitated person.

(d)(1) If no other person is available to be the guardian of the person of the ward, the judge may appoint the director of the department of family and children services of the county of the residence of the person or of the county in which the person is being cared for as guardian of the person. The director of the county department of family and children services may delegate his duties as guardian to responsible employees of the department. The director or his duly appointed delegate is authorized to take the oath of guardianship before the judge of the Probate Court of Fulton County or before the judge of the probate court making the appointment of guardianship. In those cases where, in the opinion of the judge of the probate court, it would be inappropriate for the director to serve as guardian of the person, a guardian of the person may be appointed as provided by Code Section 29-4-11.

(2) If no other person is available to be the guardian of the property of the ward, the judge may appoint the county guardian to be guardian of the property.

(e) No person may be appointed as guardian who is a minor, has been adjudged incapacitated under this chapter, refuses to serve as guardian, or has a conflict of interest, except that a person with a conflict of interest may be appointed if the court determines that the conflict of interest is insubstantial and that the appointment clearly would be in the proposed ward's best interest.

Saturday May 23 10:43 EDT


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