Statute of limitations

O.C.G.A. § 29-5-94 — under Title 29.

O.C.G.A. § 29-5-94

All actions against a conservator, except on a conservator’s bond, shall be brought within six years of the termination of the conservatorship of the ward, except as provided in Code Section 9-3-90. (Code 1981, § 29-5-94, enacted by Ga. L. 2004, p. 161, § 1.) ARTICLE 11 TEMPORARY SUBSTITUTE CONSERVATOR 29-5-100. Appointment of temporary substitute conservator; period of service; powers and authority; notice; removal. (a) Upon its own motion or upon the petition of any interested party, including the ward, the court may appoint a temporary substitute conservator for a ward if it appears to the court that the best interest of the ward requires immediate action. (b) The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest of the ward. 725 29-5-101 (d) Except as otherwise ordered by the court, a temporary substitute conservator has the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority. (e) Notice of the appointment of a temporary substitute conservator shall be served personally on the ward. Notice of the appointment shall be served personally on the previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the ward’s guardian, if any. (f ) The court may remove the temporary substitute conservator at any time. A temporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator. (Code 1981, § 29-5-100, enacted by Ga. L. 2004, p. 161, § 1.) 29-5-101. Appointment of successor conservators; appointment of legal counsel; notice to interested individuals; order appointing successor conservator. (a) The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the ward. The court shall select the successor conservator in the manner provided in Code Section 29-5-3. (b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections 29-5-90 and 29-5-91. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the ward and the ward’s legal counsel. Notice shall be made by first-class mail to the guardian of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator: (1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority: (A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and 726 29-5-102 (C) Friends of the ward. (c) After such hearing as the court deems appropriate, the court shall enter an order appointing the successor conservator and requiring that bond be posted in the amount set out in Code Section 29-5-40. (Code 1981, § 29-5-101, enacted by Ga. L. 2004, p. 161, § 1.)