Georgia § 29-4-1 - Prerequisite findings prior to appointment of guardian for adult; extent of guardianship.

§ 29-4-1. Prerequisite findings prior to appointment of guardian for adult; extent of guardianship.

The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety. No guardian, other than a guardian ad litem or a guardian appointed in an emergency under paragraph (1) of subsection (a) of Code Section 29-11-13, shall be appointed for an adult except pursuant to the procedures of this chapter. No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult. No guardian shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a guardian for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult. No adult shall be presumed to be in need of a guardian unless: He or she has been adjudicated to be in need of a guardian pursuant to this chapter; or The court has recognized another state's determination of incapacity and the appointment of a guardian as provided in subsection (g) of Code Section 29-11-21. An adult shall not be presumed to be in need of a guardian solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to: Code Section 37-1-1; Code Sections 37-3-1 through 37-3-6; Articles 2 through 6 of Chapter 3 of Title 37; Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8; Articles 2 through 5 of Chapter 4 of Title 37; Code Section 37-5-3; Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and Articles 2 through 6 of Chapter 7 of Title 37. All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult's actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate. (Code 1981, § 29-4-1 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 5/HB 70.) The 2019 amendment, effective January 1, 2020, inserted "or a guardian appointed in an emergency under paragraph (1) of subsection (a) of Code Section 29-11-13" in the middle of subsection (b) and substituted the present provisions of paragraph (e)(1) for the former provisions, which read: "No adult shall be presumed to be in need of a guardian unless adjudicated to be in need of a guardian pursuant to this chapter." Cross references. - Appointment of guardian ad litem for incompetent person not otherwise represented in an action, § 9-11-17 . Domicile of persons of full age placed under power of guardian, § 19-2-5 . Law reviews. - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 69 Mercer L. Rev. 341 (2017).