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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 29. GUARDIAN AND WARD |
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Chapter 2. GUARDIANS OF MINORS |
| Article 1. MINORS |
| Article 2. PROTECTION OF MINOR |
| Article 3. TERMINATION OF GUARDIANSHIP |
| Article 4. VIOLATIONS BY GUARDIANS |
| Article 5. TEMPORARY SUBSTITUTE GUARDIANS |
| Article 6. JURISDICTION |
REFS & ANNOS
TITLE 29 Chapter 2 NOTE
EFFECTIVE DATE. --This chapter became effective July 1, 2005.
CROSS REFERENCES. --Attorneys and guardians ad litem, § 15-11-98. Child custody proceedings generally, § 19-9-1 et seq. Claim by guardian or trustee of mental incompetent or minor, § 34-9-85. Appointment of guardian for minor for purposes of administering workers' compensation benefits to which minor is entitled, § 34-9-226. Rights and privileges of patients, and their representatives, Art. 6, Ch. 3, T. 37.
EDITOR'S NOTES. --Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides: "all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."
LAW REVIEWS. --For article, "The Georgia Law of Insanity," see 3 Ga. B.J. 28 (1941). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012).
For note on 1995 amendments of sections in this chapter, see 12 Ga. St. U.L. Rev. 216 (1995).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former law are included in the annotations for this Code section.
PERSONS DEALING WITH GUARDIAN SHOULD EXAMINE GUARDIAN'S AUTHORITY. --A guardian is in effect a special agent of the law to manage the estate of a person non sui juris, and it is incumbent upon all persons dealing with the guardian to examine the guardian's authority. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).
GUARDIAN CANNOT USE FUNDS TO PAY THIRD PARTY'S DEBT. --Guardian cannot, with or without court order, use minor ward's funds to pay third party's debt; nor is the guardian authorized without such an order to invest the funds of the ward in bonds issued by a private corporation. Where the guardian attempts to do either, and tenders to the opposite party in the transaction, as payee, a check bearing the signature of the ward by the guardian, these facts without more are sufficient to put the payee on inquiry as to the validity of the transaction. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).
OFFICE OF GUARDIAN OF MINOR EXPIRES BY OPERATION OF LAW when ward attains majority. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).
PERSON CANNOT OBLITERATE ACTS INCIDENT TO FORMER GUARDIANSHIP. --Person of normal mental faculties cannot, after attaining majority, obliterate all transactions incident to former guardianship, and disregard all impressions received therefrom, merely because they related to events which occurred during minority. Brinsfield v. Robbins, 183 Ga. 258, 188 S.E. 7 (1936) (decided under former law).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under former law are included in the annotations for this Code section.
THE AGE OF MAJORITY AS TO GUARDIANSHIPS created prior to July 1, 1972 is 21. 1972 Op. Att'y Gen. No. U72-37 (decided under former law).
RESEARCH REFERENCES
AM. JUR. 2D. --39 Am. Jur. 2d, Guardians and Wards, § 5 et seq.
ALR. --Validity of appointment of guardian or curator for infant without service of process upon, or notice to, latter, 1 ALR 919.
Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 ALR 1565.
Constitutionality of statute authorizing guardian to sell or lease land of ward, 4 ALR 1552.
Minority of parent as affecting right to guardianship or custody of person or estate of child, 19 ALR 1043.
Surchargeability of trustee, executor, administrator, or guardian, in respect of mortgage investment, as affected by matters relating to value of property, 117 ALR 871.
Right of trustee or guardian to invest trust funds in stock of private corporation, 122 ALR 657.
Right of trustee or guardian to retain unauthorized securities held by testator or creator of trust 122 ALR 801; 135 ALR 1528.
Right of guardian of infant or incompetent to appointment as executor or administrator as representative or substitute for infant or incompetent, 135 ALR 585.
Power of guardian or committee to compromise liquidated contact claim or money judgment, and of courts to authorize or approve such a compromise, 155 ALR 196.
Ownership by trustee, executor, or guardian in his own right of stock in a corporation in which he also holds stock in his fiduciary capacity, 161 ALR 1038.
Power of guardian of incompetent to change beneficiary in ward's life insurance policy, 21 ALR2d 1191.
Liability of incompetent's estate for torts committed by guardian, committee, or trustee in managing estate, 40 ALR2d 1103.
Right of foreign personal representative or guardian to vote stock owned by estate or ward, 41 ALR2d 1082.
Power of court to confirm sale of ward's property over objection of guardian, 43 ALR2d 1445.
Construction and effect of instrument authorizing or directing trustee or executor to retain investments received under such instrument, 47 ALR2d 187.
Authorization by trust instrument of investment of trust funds in nonlegal investments, 78 ALR2d 7.
Mental incompetency of defendant at time of action as precluding annulment of marriage, 97 ALR2d 483.
Power to make charitable gifts from estate of incompetent, 99 ALR2d 946.
Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 ALR3d 774.
Judgment in guardian's final accounting proceedings as res judicata in ward's subsequent action against guardian, 34 ALR4th 1121.
Guardian's authority, without seeking court approval, to exercise ward's right to revoke trust, 53 ALR4th 1297.
Validity of inter vivos gift by ward to guardian or conservator, 70 ALR4th 499.
Involuntary disclosure or surrender of will prior to testator's death, 75 ALR4th 1144.
CROSS REFERENCES. --Attorneys and guardians ad litem, § 15-11-98. Child custody proceedings generally, § 19-9-1 et seq. Claim by guardian or trustee of mental incompetent or minor, § 34-9-85. Appointment of guardian for minor for purposes of administering workers' compensation benefits to which minor is entitled, § 34-9-226. Rights and privileges of patients, and their representatives, Art. 6, Ch. 3, T. 37.
EDITOR'S NOTES. --Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides: "all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."
LAW REVIEWS. --For article, "The Georgia Law of Insanity," see 3 Ga. B.J. 28 (1941). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012).
For note on 1995 amendments of sections in this chapter, see 12 Ga. St. U.L. Rev. 216 (1995).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former law are included in the annotations for this Code section.
PERSONS DEALING WITH GUARDIAN SHOULD EXAMINE GUARDIAN'S AUTHORITY. --A guardian is in effect a special agent of the law to manage the estate of a person non sui juris, and it is incumbent upon all persons dealing with the guardian to examine the guardian's authority. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).
GUARDIAN CANNOT USE FUNDS TO PAY THIRD PARTY'S DEBT. --Guardian cannot, with or without court order, use minor ward's funds to pay third party's debt; nor is the guardian authorized without such an order to invest the funds of the ward in bonds issued by a private corporation. Where the guardian attempts to do either, and tenders to the opposite party in the transaction, as payee, a check bearing the signature of the ward by the guardian, these facts without more are sufficient to put the payee on inquiry as to the validity of the transaction. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).
OFFICE OF GUARDIAN OF MINOR EXPIRES BY OPERATION OF LAW when ward attains majority. Georgia R.R. Bank & Trust Co. v. Liberty Nat'l Bank & Trust Co., 180 Ga. 4, 177 S.E. 803 (1934) (decided under former law).
PERSON CANNOT OBLITERATE ACTS INCIDENT TO FORMER GUARDIANSHIP. --Person of normal mental faculties cannot, after attaining majority, obliterate all transactions incident to former guardianship, and disregard all impressions received therefrom, merely because they related to events which occurred during minority. Brinsfield v. Robbins, 183 Ga. 258, 188 S.E. 7 (1936) (decided under former law).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the provisions, opinions under former law are included in the annotations for this Code section.
THE AGE OF MAJORITY AS TO GUARDIANSHIPS created prior to July 1, 1972 is 21. 1972 Op. Att'y Gen. No. U72-37 (decided under former law).
RESEARCH REFERENCES
AM. JUR. 2D. --39 Am. Jur. 2d, Guardians and Wards, § 5 et seq.
ALR. --Validity of appointment of guardian or curator for infant without service of process upon, or notice to, latter, 1 ALR 919.
Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 ALR 1565.
Constitutionality of statute authorizing guardian to sell or lease land of ward, 4 ALR 1552.
Minority of parent as affecting right to guardianship or custody of person or estate of child, 19 ALR 1043.
Surchargeability of trustee, executor, administrator, or guardian, in respect of mortgage investment, as affected by matters relating to value of property, 117 ALR 871.
Right of trustee or guardian to invest trust funds in stock of private corporation, 122 ALR 657.
Right of trustee or guardian to retain unauthorized securities held by testator or creator of trust 122 ALR 801; 135 ALR 1528.
Right of guardian of infant or incompetent to appointment as executor or administrator as representative or substitute for infant or incompetent, 135 ALR 585.
Power of guardian or committee to compromise liquidated contact claim or money judgment, and of courts to authorize or approve such a compromise, 155 ALR 196.
Ownership by trustee, executor, or guardian in his own right of stock in a corporation in which he also holds stock in his fiduciary capacity, 161 ALR 1038.
Power of guardian of incompetent to change beneficiary in ward's life insurance policy, 21 ALR2d 1191.
Liability of incompetent's estate for torts committed by guardian, committee, or trustee in managing estate, 40 ALR2d 1103.
Right of foreign personal representative or guardian to vote stock owned by estate or ward, 41 ALR2d 1082.
Power of court to confirm sale of ward's property over objection of guardian, 43 ALR2d 1445.
Construction and effect of instrument authorizing or directing trustee or executor to retain investments received under such instrument, 47 ALR2d 187.
Authorization by trust instrument of investment of trust funds in nonlegal investments, 78 ALR2d 7.
Mental incompetency of defendant at time of action as precluding annulment of marriage, 97 ALR2d 483.
Power to make charitable gifts from estate of incompetent, 99 ALR2d 946.
Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 ALR3d 774.
Judgment in guardian's final accounting proceedings as res judicata in ward's subsequent action against guardian, 34 ALR4th 1121.
Guardian's authority, without seeking court approval, to exercise ward's right to revoke trust, 53 ALR4th 1297.
Validity of inter vivos gift by ward to guardian or conservator, 70 ALR4th 499.
Involuntary disclosure or surrender of will prior to testator's death, 75 ALR4th 1144.