GEORGIA CODE (Last Updated: August 20, 2013) |
Title 29. GUARDIAN AND WARD |
Chapter 5. CONSERVATORS OF ADULTS |
Article 13. FOREIGN CONSERVATORS |
Part 3. TRANSFER OF CONSERVATORSHIP |
Section 29-5-134. Requirements before transferring conservatorship to foreign court; authority of court in facilitating transfer
Latest version.
- (a) The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:
(1) The conservator is presently in good standing with the court; and
(2) The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the ward.
(b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed;
(2) Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;
(C) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself or to manage the ward's affairs; and
(D) Periodic status reports on the condition of the ward and the ward's assets; and
(3) Require the conservator to file an inventory of the ward's property at the time of the transfer to the foreign jurisdiction.
(c) As necessary to coordinate the transfer of the conservatorship, the court is authorized to:
(1) Delay the effective date of the transfer for a reasonable period of time;
(2) Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.
Code 1981, § 29-5-134, enacted by Ga. L. 2004, p. 161, § 1.