Section 29-7-9. Individuals or entities eligible to serve as VA guardians; discharge or guardian; requirements pending discharge

   (a) The following persons and entities may serve as VA guardians subject to the restrictions listed:

   (1) An individual deemed fit and proper by the court may be a VA guardian of that individual's children, parents, and grandparents without limitation;

   (2) A bank or trust company doing business in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries;

   (3) A person appointed while serving as county guardian in any county in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; or

   (4) Any other person, provided that any person who is currently serving as the VA guardian for ten or more wards must so state in that person's petition to be appointed as the VA guardian for additional wards, and provided, further, the department shall have the right to direct the court in writing to deny the petition.

(b) Upon presentation of a petition by the department alleging that the VA guardian is acting in a fiduciary capacity in violation of this Code section and requesting the discharge of that VA guardian, the court upon proof substantiating the petition shall:

   (1) Require a final accounting immediately from a sufficient number of VA guardianships, in reverse chronological order, to bring the VA guardian within compliance of this Code section;

   (2) Require final settlements of accounts immediately on the VA guardianships described in paragraph (1) of this subsection; and

   (3) Discharge the VA guardian in cases as the court deems proper.

Code 1981, § 29-7-9, enacted by Ga. L. 2004, p. 161, § 1.