9056 Transfer of Guardianship | PUBLIC-GUARDIANSHIP-5800-MANUAL
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Georgia Division of Aging Services |
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Chapter: |
9050 End of Guardianship |
Effective Date: |
03/01/2022 |
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Section Title: |
Transfer of Guardianship |
Reviewed or Updated in: |
MT 2022-03 |
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Section Number: |
9056 |
Previous Update: |
MT 2019-02 |
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Summary Statement
The Department of Human Services (DHS) Division of Aging Services (DAS) will follow Georgia law when transferring a guardianship.
When to Transfer
O.C.G.A. § 29-11-20 Transfer proceedings to another state; notice; hearing; provisional orders; required findings; finalization; denial of petition
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A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. O.C.G.A. § 29-11-2 (14).
A DHS representative must notify PGO management and DHS Associate General Counsel for DAS (AGC) if actions are considered that would move a person under guardianship out-of-state. DHS guardianship clients may not be moved out-of-state without prior approval of the DAS Director and an order of the probate court. Therefore, a case manager will fully apprise his or her supervisor, PGO management, and DAS AGC of any plans for the removal of a person under guardianship from Georgia so that an order of the court may be obtained to remove a person under guardianship out-of-state.
If litigation or a hearing is required, then a Special Assistant Attorney General (SAAG), if available, and DAS AGC will be notified by the DHS representative.
| For certain guardianship proceedings, the person under guardianship has a right to have an attorney. If the probate court may appoint an attorney for the person under guardianship. Additionally, if the person under guardianship is 60 years of age or older, the DHS representative may notify the Elderly Legal Assistance Program for representation of the person under guardianship. |
Required Findings Prior to Transfer
O.C.G.A. § 29-11-20 Transfer proceedings to another state; notice; hearing; provisional orders; required findings; finalization; denial of petition
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The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
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The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
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An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
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Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
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