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HB 0954 - "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act"; enact

Tracking Level: Passed
Sponsor: Efstration, Chuck 104th
Last Action: 7/1/2016 - Effective Date
House Committee: H&HS
Senate Committee: H&HS
Assigned To:
05. Superior CourtsNext Bill
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

      HB 954 seeks to add an eleventh chapter, to be referred to as the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act,” to the current Title 29 of the O.C.G.A. relating to guardian and ward. Namely, the bill clarifies the process of assigning guardianship responsibilities to individuals which were previously granted such duties in another state. 

      It grants the Georgia courts permission to communicate with courts in other states concerning such proceedings assuming such courts provide requisite documentation of such correspondence. Additionally, witnesses located in another state at the time of testimony may be offered by “deposition or other means allowable in this state for testimony taken in another state.” Such means include the use of electronic modes of documentation such as the telephone or audiovisual devices.

      Further, HB 954 delineates under what conditions the court has jurisdiction, special jurisdiction, and the ability to decline jurisdiction in such proceedings. If a petition for guardianship or an issuance of a protective order is brought to the state of Georgia, and if this is not the respondent’s home state, the court must provide notice to the people entitled to such notice if the proceeding had been brought about in the respondent’s home state. The bill defines the ability and limitations on the ability to petition the court for a transfer of guardianship to another state. 

      Lastly, the bill mandates that this chapter applies to all guardianship and protective proceedings begun on or after July 1, 2016. Articles 1, 3, and 4 and Code Sections 29-11-40 and 29-11-41 apply to proceedings initiated prior to the July 1, 2016 cutoff date regardless of whether or not the order has been issued. 


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