§ 29-5-126 - Personal service on ward; requirements of notice; notice to foreign court; notice to other interested parties; waiver of notice
O.C.G.A. 29-5-126 (2010)
29-5-126. Personal service on ward; requirements of notice; notice to foreign court; notice to other interested parties; waiver of notice
(a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the ward. The notice shall:
(1) State that the ward has a right to a hearing on the petition;
(2) Inform the ward of the procedure to exercise the ward's right to a hearing; and
(3) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the transfer of the conservatorship.
(b) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be provided to the court from which the conservatorship is to be transferred. Notice to the foreign court shall include a request that the foreign court:
(1) Certify whether:
(A) The foreign court has any record that the conservator has engaged in malfeasance, misfeasance, or nonfeasance during the conservator's appointment;
(B) Periodic reports have been filed in a satisfactory manner; and
(C) All bond or other security requirements imposed under the conservatorship have been performed; and
(2) Forward copies of all documents filed with the foreign court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the conservatorship;
(C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs;
(D) Periodic status reports on the condition of the ward and the ward's assets; and
(E) The order to transfer the conservatorship, if any.
(c) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the right to object to the receipt and acceptance of the conservatorship by this state.
(d) The ward shall have 30 days from the date of service of the petition for receipt and acceptance of a foreign conservatorship to request a hearing on the petition. All other persons to whom notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition.
(e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The conservator has filed a petition in the foreign court for transfer and release of the conservatorship to this state;
(2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release of the conservatorship;
(3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the conservatorship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the conservatorship is filed in the court; and
(4) The ward is represented by legal counsel with respect to the petition in the foreign court.