Georgia § 29-5-3 - (See Editor's notes.) Order of preference in selecting conservator; nomination of individual to serve as conservator; requirements of nomination.

§ 29-5-3. (See Editor's notes.) Order of preference in selecting conservator; nomination of individual to serve as conservator; requirements of nomination.

The court shall appoint as conservator that person who shall best serve the interest of the adult taking into consideration the order of preferences set forth in this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown. Persons who are eligible and not disqualified have preference in the following order: The person last nominated by the adult in accordance with the provisions of subsection (c) of this Code section; The spouse of the adult or a person nominated by the adult's spouse in accordance with the provisions of subsection (d) of this Code section; An adult child of the adult or a person nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section; A parent of the adult or a person nominated by a parent of the adult in accordance with the provisions of subsection (c) of this Code section; A conservator appointed during the minority of the adult; A conservator previously appointed in Georgia or another state; A friend, relative, or any other person; or The county guardian. At any time prior to the appointment of a conservator, an adult may nominate in writing a person to serve as that adult's conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference set forth in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5. At any time prior to the appointment of a conservator, a spouse, adult child, or parent of an adult may nominate in writing a person to serve as the adult's conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20. A writing nominating the conservator of an adult: Must contain an express nomination of the person who shall serve as conservator and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individual's presence; and May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed. (Code 1981, § 29-5-3 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 12/SB 534; Ga. L. 2011, p. 752, § 29/HB 142.) Editor's notes. - Former Code Section 31-36-5, referred to in subsection (c) of this Code section, was repealed by Ga. L. 2007, p. 133, § 3, effective July 1, 2007. For application of this statute in 2020, see Executive Order 04.09.20.01. A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders. Law reviews. - For article, "Marriage, Death and Taxes: The Estate Planning Impact of Windsor and Obergefell on Georgia's Same Sex Spouses," see 21 Ga. St. Bar. J. 9 (Oct. 2015).