529 S.E.2d 897 | Ga. Ct. App. | 2000
Laura J. Roscoe filed a petition in the probate court of Henry County seeking temporary guardianship of A. T. P., a minor child. The probate court denied her petition, and she filed a de novo appeal in the superior court.
Roscoe lives with A. T. P. and his mother, who is unemployed. Roscoe provides the sole financial support for the child. The child has no health insurance, but Roscoe’s current health insurance would extend to A. T. P. if he was under her temporary guardianship.
Roscoe filed her petition for temporary guardianship along with the mother’s temporary relinquishment of parental rights, which included a request that Roscoe be appointed the child’s temporary guardian. The sole reason for Roscoe’s petition was to qualify the child under Roscoe’s health insurance coverage.
OCGA § 29-4-4.1 provides a method for appointing a temporary guardian of the person or property, or both, of a minor child who has a living natural guardian.
The superior court denied Roscoe’s petition, finding that it need not accept the mother’s temporary relinquishment of rights if it did not believe the child was in need of a guardian, that the child was not in fact in need of a guardian, and that obtaining health insurance for the child was not sufficient reason for the court to grant a guardian
Under Roscoe’s interpretation of OCGA § 29-4-4.1, the probate court had no discretion to refuse to appoint her as temporary guardian of A. T. R so long as his mother had expressed a preference that Roscoe be appointed as his temporary guardian in her notarized relinquishment of parental rights. Although the natural guardian may choose who will act as her minor child’s temporary guardian,
It is apparent from the record that Roscoe filed the petition only to qualify A. T. P. under her health insurance plan. The court asked: “Why is the minor in need of a guardian when it’s got a mother living in the home with him?” Roscoe’s attorney answered: “The minor is in need of a guardian so that the minor child can have health insurance granted.”
A temporary guardianship would, by operation of law, constitute a permanent guardianship for the purposes of health insurance coverage, so long as the temporary guardian agrees to support the ward.*
OCGA § 29-4-4.1 (a) requires that the child be in need of a guardian. The child was living with his mother, who was not alleged to be incompetent or under any duress or difficulty with respect to her parental responsibilities, who had been caring for her child, and who would presumably continue to care for the child regardless of the disposition of the petition at hand. Given that the evidence showed that A. T. P. was not in need of a guardian, notwithstanding the allegation by Roscoe to the contrary, we find the superior court did not abuse its discretion by refusing to appoint Roscoe as A. T. P.’s temporary guardian.
Roscoe’s reliance on Brooks v. Parkerson,
Judgment affirmed.
See OCGA §§ 5-3-2 (a); 5-3-29.
See Phillips v. State, 261 Ga. 190 (402 SE2d 737) (1991) (no application for appeal is required from decisions of the superior courts reviewing judgments of the probate courts).
“Natural guardians” include either parent. If a parent is dead, or if the parents are legally separated or divorced, the parent having custody is the natural guardian. OCGA § 29-4-2.
OCGA § 29-4-4.1 (a) (1).
OCGA § 29-4-4.1 (a) (3).
OCGA § 29-4-4.1 (c).
OCGA § 29-4-4.1 (a) (1), (b).
OCGA § 29-4-4.1 (a) (3).
OCGA § 29-4-4.1 (a) (1).
OCGA § 15-9-30 (a) (5).
OCGA § 29-4-4.1 (d).
The superior court noted its previous denials of petitions for temporary guardianship
265 Ga. 189 (454 SE2d 769) (1995).
Id. at 191.