Georgia HB 70: Guardian and ward; guardian and conservators of minors and adults; revise provisions

Bill Text

19 HB 70/AP
H. B. 70
- 1 -
House Bill 70 (AS PASSED HOUSE AND SENATE)
By: Representatives Efstration of the 104
th, Fleming of the 121
st, Scoggins of the 14
th, Oliver
of the 82
nd, and Trammell of the 132
nd
A BILL TO BE ENTITLED
AN ACT
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward,1
so as to revise provisions relating to guardians and conservators of minors and adults; to2
revise a provision relating to parental consent to temporary guardianship; to revise bond3
requirements of a minor guardian; to revise provisions relating to conservator bond and4
security; to revise provisions relating to petition appointment; to revise provisions relating5
to emergency guardianship and conservatorship; to recognize the "Uniform Enforcement of6
Foreign Judgments Act" in connection with the appointment of a guardian or conservator,7
the jurisdiction for such petitions, and the enforcement of orders issued in other states; to8
allow conservators to access the digital assets of minors and wards; to provide for the9
payment of costs, compensation, fees, and expenses; to revise provisions regarding court10
contempt powers; to provide for standards for the establishment of a guardian to act in11
certain circumstances; to amend various provisions of the Official Code of Georgia12
Annotated so as to make conforming revisions; to provide for related matters; to provide for13
an effective date; to repeal conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
SECTION 1.16
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is17
amended by revising subsection (c) of Code Section 29-2-25, relating to bond requirements18
of guardians of minors, as follows:19
"(c) If a guardian is required to give bond and has given as security one or more licensed20
commercial sureties authorized to transact business in this state, the bond premium may21
shall, upon the request of the guardian, be paid as part of the cost of administration from22
the estate of the minor."23

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H. B. 70
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SECTION 2.24
Said title is further amended by revising subsection (a) of Code Section 29-2-51, relating to25
appointment of successor guardian of minor, as follows:26
"(a) The court shall appoint a successor guardian upon the resignation, death, or revocation27
of the letters of the guardian if the appointment of a successor guardian is in the best28
interest of the minor. The court shall select the successor guardian in the manner provided29
in Code Section 29-2-15 29-2-16."30
SECTION 3.31
Said title is further amended by revising paragraphs (9) and (10) of subsection (c) of Code32
Section 29-3-22, relating to powers of conservators of minors, as follows:33
"(9) To access the digital assets of the minor pursuant to Code Section 53-13-20;34
(10) To engage in estate planning for the minor pursuant to the provisions of Code35
Section 29-3-36; and36
(10)(11) To perform such other acts as may be in the best interest of the minor."37
SECTION 4.38
Said title is further amended by revising subsection (b) of Code Section 29-3-44, relating to39
payment of bond premium by conservators of minors, as follows:40
"(b) When the guardian is required to give bond pursuant to Code Section 29-2-25, the41
conservator shall, upon the request of the guardian, pay any bond premium from the estate."42
SECTION 5.43
Said title is further amended by revising subsection (b) and paragraph (1) of subsection (e)44
of Code Section 29-4-1, relating to prerequisite findings prior to appointment of guardian for45
adult and extent of guardianship, as follows:46
"(b) No guardian, other than a guardian ad litem or a guardian appointed in an emergency47
under paragraph (1) of subsection (a) of Code Section 29-11-13, shall be appointed for an48
adult except pursuant to the procedures of this chapter."49
"(e)(1) No adult shall be presumed to be in need of a guardian unless:50
(A) He or she has been adjudicated to be in need of a guardian pursuant to this chapter;51
or52
(B) The court has recognized another state's determination of incapacity and the53
appointment of a guardian as provided in subsection (g) of Code Section 29-11-21."54

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SECTION 6.55
Said title is further amended by revising subsection (a) of Code Section 29-4-10, relating to56
petition for appointment of guardian and requirements for petition, as follows:57
"(a) Any interested person or persons, including the proposed ward, may file a petition for58
the appointment of a guardian. The Such petition shall be filed in the court of the county59
in which the:60
(1) The proposed ward is domiciled or is found,;61
(2) The proposed ward is found; provided, however, that if the court of the county where62
the proposed ward is found shall not have jurisdiction to hear any guardianship petition63
if it appears determines that the proposed ward was removed to that such county solely64
for the purp