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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 4. GUARDIANS OF ADULTS |
| Article 1. GENERAL PROVISIONS |
| Article 2. PROCEDURE FOR APPOINTMENT |
| Article 3. PROTECTION OF THE WARD |
| Article 4. REQUIREMENT OF GUARDIAN |
| Article 5. REVIEW AND TERMINATION OF GUARDIANSHIP |
| Article 6. ALTERNATIVE OR SUCCESSOR GUARDIANS |
| Article 7. TEMPORARY SUBSTITUTE GUARDIANS |
| Article 8. APPELLATE PROCEEDINGS |
| Article 9. JURISDICTION |
REFS & ANNOS
TITLE 29 Chapter 4 NOTE
EFFECTIVE DATE. --This chapter became effective July 1, 2005.
CROSS REFERENCES. --Protective services for abused, neglected, or exploited disabled adults, § 30-5-1 et seq. Appointment of guardian for incompetent adult for purposes of administering workers' compensation benefits to which such incompetent adult is entitled, § 34-9-226. Claim by guardian or trustee or mental incompetent or minor, § 34-9-85. Appointment of representatives and guardians ad litem for persons undergoing treatment for mental illness, mental retardation, alcoholism, etc., §§ 37-3-147, 37-4-107, 37-7-147. 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 article, "The Olmstead Decision: The Road to Dignity and Freedom," see 26 Ga. St. U.L. Rev. 651 (2010). For article, "Olmstead's Promise and Cohousing's Potential," see 26 Ga. St. U.L. Rev. 663 (2010). For article, "From the Inside Out: Personal Perspectives of Six Georgians on Their Institutional Experiences," see 26 Ga. St. U.L. Rev. 741 (2010). For article, "The Constitutional Right to Community Services," see 26 Ga. St. U.L. Rev. 763 (2010). For article, "Reconsidering Makin v. Hawaii: The Right of Medicaid Beneficiaries to Home-Based Services as an Alternative to Institutionalization," see 26 Ga. St. U.L. Rev. 803 (2010). "The Potential and Risks of Relying on Title II's Integration Mandate to Close Segregated Institutions," see 26 Ga. St. U.L. Rev. 855 (2010). For article, "Beyond Residential Segregation: The Application of Olmstead to Segregated Employment Settings," see 26 Ga. St. U.L. Rev. 875 (2010). For article, "From Almshouses to Nursing Homes and Community Care: Lessons from Medicaid's History," see 26 Ga. St. U.L. Rev. 937 (2010). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012).
For note on 1995 amendments of Code sections in this chapter, see 12 Ga. St. U.L. Rev. 216 (1995). For note, "Deinstitutionalization: Georgia's Progress in Developing and Implementing an 'Effectively Working Plan' as Required by Olmstead v. L.C. ex rel," see 25 Ga. St. U.L. Rev. 699 (2009).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, Ch. 49-6, as it read prior to revision by Ga. L. 1980, p. 1661, and former Ch. 5, T. 29 are included in the annotations for this Code section.
JOINT TENANCY NOT TERMINATED BY TENANT'S INCAPACITY. --Joint tenancies in bank and stock investment accounts and in real property did not terminate as a matter of law when one of the joint tenants was declared incapacitated and a guardian was appointed for that person and for the property. A guardian, unlike a trustee, has no beneficial title in the ward's estate, but is merely a custodian or manager. Moore v. Self, 222 Ga. App. 71, 473 S.E.2d 507 (1996) (decided under former O.C.G.A. Ch. 5, T. 29).
FORMER CHAPTERS 49-6 AND 88-5 OF THE 1933 CODE (FORMER O.C.G.A. CH. 5, T. 29 AND CH. 3, T. 37) WERE MEANT TO BE READ TOGETHER FOR PROCEDURAL PURPOSES. Kiker v. Kiker, 126 Ga. App. 39, 189 S.E.2d 880 (1972) (decided under former Code 1933, Ch. 49-6).
CITED in Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981); Snider v. Lavender, 164 Ga. App. 591, 298 S.E.2d 582 (1982).
RESEARCH REFERENCES
AM. JUR. 2D. --39 Am. Jur. 2d, Guardian and Ward, §§ 3, 23 et seq.
41 Am. Jur. 2d, Incompetent Persons, §§ 8-25, 128-150.
ALR. --Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 ALR 715.
Constitutionality of statute making physical disability ground for appointment of guardian of person or property, 30 ALR 1381.
Liability of insane person for tort, 51 ALR 833; 89 ALR 476.
Waiver by alleged incompetent of notice of inquisition proceeding or proceeding for appointment of guardian, 152 ALR 1247.
Liability of incompetent's estate for care and maintenance furnished by public institution or hospital before incompetent's acquisition of any estate or property, 33 ALR2d 1257.
Power of guardian, committee, or trustee of mental incompetent, after latter's death, to pay debts and obligations, 60 ALR2d 963.
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.
Priority and preference in appointment of conservator or guardian for an incompetent, 65 ALR3d 991.
CROSS REFERENCES. --Protective services for abused, neglected, or exploited disabled adults, § 30-5-1 et seq. Appointment of guardian for incompetent adult for purposes of administering workers' compensation benefits to which such incompetent adult is entitled, § 34-9-226. Claim by guardian or trustee or mental incompetent or minor, § 34-9-85. Appointment of representatives and guardians ad litem for persons undergoing treatment for mental illness, mental retardation, alcoholism, etc., §§ 37-3-147, 37-4-107, 37-7-147. 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 article, "The Olmstead Decision: The Road to Dignity and Freedom," see 26 Ga. St. U.L. Rev. 651 (2010). For article, "Olmstead's Promise and Cohousing's Potential," see 26 Ga. St. U.L. Rev. 663 (2010). For article, "From the Inside Out: Personal Perspectives of Six Georgians on Their Institutional Experiences," see 26 Ga. St. U.L. Rev. 741 (2010). For article, "The Constitutional Right to Community Services," see 26 Ga. St. U.L. Rev. 763 (2010). For article, "Reconsidering Makin v. Hawaii: The Right of Medicaid Beneficiaries to Home-Based Services as an Alternative to Institutionalization," see 26 Ga. St. U.L. Rev. 803 (2010). "The Potential and Risks of Relying on Title II's Integration Mandate to Close Segregated Institutions," see 26 Ga. St. U.L. Rev. 855 (2010). For article, "Beyond Residential Segregation: The Application of Olmstead to Segregated Employment Settings," see 26 Ga. St. U.L. Rev. 875 (2010). For article, "From Almshouses to Nursing Homes and Community Care: Lessons from Medicaid's History," see 26 Ga. St. U.L. Rev. 937 (2010). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012).
For note on 1995 amendments of Code sections in this chapter, see 12 Ga. St. U.L. Rev. 216 (1995). For note, "Deinstitutionalization: Georgia's Progress in Developing and Implementing an 'Effectively Working Plan' as Required by Olmstead v. L.C. ex rel," see 25 Ga. St. U.L. Rev. 699 (2009).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, Ch. 49-6, as it read prior to revision by Ga. L. 1980, p. 1661, and former Ch. 5, T. 29 are included in the annotations for this Code section.
JOINT TENANCY NOT TERMINATED BY TENANT'S INCAPACITY. --Joint tenancies in bank and stock investment accounts and in real property did not terminate as a matter of law when one of the joint tenants was declared incapacitated and a guardian was appointed for that person and for the property. A guardian, unlike a trustee, has no beneficial title in the ward's estate, but is merely a custodian or manager. Moore v. Self, 222 Ga. App. 71, 473 S.E.2d 507 (1996) (decided under former O.C.G.A. Ch. 5, T. 29).
FORMER CHAPTERS 49-6 AND 88-5 OF THE 1933 CODE (FORMER O.C.G.A. CH. 5, T. 29 AND CH. 3, T. 37) WERE MEANT TO BE READ TOGETHER FOR PROCEDURAL PURPOSES. Kiker v. Kiker, 126 Ga. App. 39, 189 S.E.2d 880 (1972) (decided under former Code 1933, Ch. 49-6).
CITED in Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981); Snider v. Lavender, 164 Ga. App. 591, 298 S.E.2d 582 (1982).
RESEARCH REFERENCES
AM. JUR. 2D. --39 Am. Jur. 2d, Guardian and Ward, §§ 3, 23 et seq.
41 Am. Jur. 2d, Incompetent Persons, §§ 8-25, 128-150.
ALR. --Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 ALR 715.
Constitutionality of statute making physical disability ground for appointment of guardian of person or property, 30 ALR 1381.
Liability of insane person for tort, 51 ALR 833; 89 ALR 476.
Waiver by alleged incompetent of notice of inquisition proceeding or proceeding for appointment of guardian, 152 ALR 1247.
Liability of incompetent's estate for care and maintenance furnished by public institution or hospital before incompetent's acquisition of any estate or property, 33 ALR2d 1257.
Power of guardian, committee, or trustee of mental incompetent, after latter's death, to pay debts and obligations, 60 ALR2d 963.
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.
Priority and preference in appointment of conservator or guardian for an incompetent, 65 ALR3d 991.