Section 29-5-125. "Conservatorship" defined; transfer; requirements of petition requesting transfer

   (a) For purposes of this part and Part 3 of this article, the term "conservatorship" means a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of an incapacitated adult, who shall be referred to as the ward, and the individual thereby becomes a conservator.

(b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the ward resides or may reside.

(c) The petition shall include the following:

   (1) An authenticated copy of the foreign conservatorship order, including:

      (A) All attachments describing the duties and powers of the conservator; and

      (B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;

   (2) The address of the foreign court which issued the conservatorship order;

   (3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;

   (4) The petitioner's name, address, and county of domicile;

   (5) The name, age, and address of the ward;

   (6) The names and addresses of the following, if living:

      (A) The spouse of the ward; and

      (B) All children of the ward; or

      (C) If there are no adult children, then at least two adults in the following order of priority:

         (i) Lineal descendants of the ward;

         (ii) Parents and siblings of the ward; and

         (iii) Friends of the ward;

   (7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other conservator currently serving;

   (8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward;

   (9) The name and address of the ward's guardian, if any;

   (10) The name and address of the surety on the conservator's bond;

   (11) The reason the transfer is in the ward's best interest; and

   (12) To the extent known to the petitioner, a statement of the location and estimated value of the ward's property and the source and amount of any anticipated income or receipts.

(c) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.

Code 1981, § 29-5-125, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.