§ 29-3-8 — Petition for appointment of conservator for minor; requirements of petition; notice

(a) Any person may file a petition for the appointment of a conservator of a minor. (b) The petition for appointment of a conservator shall set forth: (1) A statement of the facts upon which the court's jurisdiction is based; (2) The name, address, and date of birth of the minor; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that person's relationship to the minor, if any; (4) Whether to the petitioner's knowledge there exists any notarized or witnessed document made by a parent of the minor that deals with the conservatorship of the minor and the name and address of any designee named in the document; (5) In addition to the petitioner and the nominated conservator, the names and addresses of the following relatives of the minor whose whereabouts are known: (A) Any parent of the minor whose parental rights have not been terminated; (B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be listed; (C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be listed; or (D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 ; (6) A description of all known assets, income, other sources of funds, liabilities, and expenses of the minor; (7) A disclosure of any financial interest that would cause the proposed conservator to have a conflict of interest with the minor; (8) A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22 , that are requested by the conservator and a statement of the circumstances that would justify the granting of such powers; and (9) The reason for any omission in the petition for appointment of conservator of a minor in the event full particulars are lacking. (c) Notice of the petition for appointment of a conservator for a minor shall be given to any designee named in paragraph (4) of subsection (b) of this Code section and the individuals named in paragraph (5) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known current address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a conservatorship or to the selection of the petitioner as conservator, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the date of the mailing of the notice, or within ten days of the date of the second publication of the notice. (d) If the judge deems it necessary, a temporary conservator may be appointed under the same rules that apply to the appointment of a temporary administrator as provided in Article 4 of Chapter 6 of Title 53.

Legislative History

Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011. Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.