Georgia § 29-3-7 - Preference among individuals for appointment of conservator; court's ability to ignore preference for best interest of minor.

§ 29-3-7. Preference among individuals for appointment of conservator; court's ability to ignore preference for best interest of minor.

The court shall appoint as conservator that person who shall best serve the interest of the minor considering the following order of preferences: The individual who is the preference of a minor who is 14 years of age or older; The nearest adult relative of the minor as set forth in Code Section 53-2-1; Other adult relatives of the minor; Other adults who are related to the minor by marriage; A person who was designated in writing by a minor's natural guardian in a notarized document or document witnessed by two or more persons; A person who has provided care or support for the minor or with whom the minor has lived; or The county guardian. The court may disregard an individual who has preference and appoint a person who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age. (Code 1981, § 29-3-7 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2011, p. 752, § 29/HB 142.) Cross references. - Jurisdiction of courts to appoint guardian of child, § 15-11-6 . Appointment of guardian ad litem in probate proceedings, § 53-3-19 (Pre-1998 Probate Code). Provision that surviving spouse under 18 years may take share of estate without intervention of guardian, § 53-4-2(3) (Pre-1998 Probate Code). Law reviews. - For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972). For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001).