Title 29 — Title 29

(a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the minor. The notice shall: (1) State that the minor has a right to a hearing on the petition; 562 29-3-106 (2) Inform the minor of the procedure to exerci…

(a) Upon the court’s own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign conservator. (b) If any interested person challenges the validity of the foreign conse…

The petition to transfer a conservatorship to a foreign jurisdiction shall include the following: (1) The name and address of the foreign court to which the conservatorship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign cons…

(a) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the minor not less 566 29-3-114 than ten days prior to the date set for the hearing. The notice shall state: (1) The date that the hearing shall be held; an…

Upon the court’s own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition to transfer the conservatorship. (Code 1981, § 29-3-113, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.) 29-3-…

A foreign conservator may institute an action in any court in this state to enforce any right or to recover any property belonging to the minor or accruing to the foreign conservator in his or her capacity as conservator. (Code 1981, § 29-3-116, enacted by Ga. L. 2004, p. 161, § …

Pending an action brought by a foreign conservator pursuant to Code Section 29-3-116, an authenticated copy of the letters of conservatorship shall be filed with the clerk of the court to become a part of the record if the case is pending in a court of record, or filed with the p…

A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by: (1) Receiving payment of money or taking delivery of personal property in this state belonging to the minor; or (2) Doing any act as a co…

The natural guardian of a minor who has no conservator may release the debtor and compromise a debt when the collection of the debt is doubtful without becoming the conservator of the minor and without such action being approved by the court if the amount of the debt is $15,000.0…

(a) In every conservatorship, the minor has the right to: (1) A qualified conservator who acts in the best interest of the minor; (2) A conservator who is reasonably accessible to the minor; (3) Have the minor’s property utilized as necessary to provide adequately for the minor’s…

(a) A conservator shall receive, collect, and make decisions regarding the minor’s property, except as otherwise provided by law or by the 507 29-3-21 court. A conservator shall at all times act as a fiduciary in the minor’s best interest and exercise reasonable care, diligence, …

(a) The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property. (b) The conservator must promptly disclose any conflict of interest between the conservator and the minor when it arises or becomes known to the conservator and s…

Obligations of conservator; liability of conservator. Power of conservator; cooperation with guardian of minor. Rights of conservator to property; disclosure of conflicts of interest. Oath of conservator. Article 3 Property Obligations of Conservator 29-3-30. plan for managing, e…

(a) A conservator may retain the property received by the conservator on the creation of the conservatorship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall no…

A conservator is authorized to invest estate funds in the following and shall not otherwise be liable for such investment, except in the case of gross neglect: (1) Bonds issued by any county or municipality of this state which have been validated as required by law for the valida…

No person may be appointed or continue to serve as conservator of a minor who: (1) Is a minor, a ward, or a protected person; or (2) Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment clearl…

(a) A conservator appointed by the court shall give bond with good and sufficient security. (b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator i…

If the value of the minor’s bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator. (Code 1981, § 29-3-42, enacted by Ga. L. …

(a) A conservator who is required to give bond, and who has given as security on such bond one or more licensed commercial sureties, may pay any bond premium from the estate. (b) When the guardian is required to give bond pursuant to Code Section 29-2-25, the conservator shall pa…

If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond 536 29-3-47 for any property received by the conservator. (Code 1981, § 29-3-45, enacted by Ga. L. 2004, p. 161, § 1.)

The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a positi…

(a) When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa. (b) The court shall be authorized to enter a judgment and to issue a writ of execution against the c…

In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety. (Code 1…

Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation, expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be dete…

(a) A conservator may petition the court for compensation that is greater than that allowed under Code Section 29-3-50. Service of notice of the petition for extra compensation shall be made to the minor and to a guardian ad litem appointed for the minor. Service shall be made in…

(a) The court of the county in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the minor. (b) If a nonresident minor has property in this state, the judge of the court of the county in which the property i…

Any interested person may file an objection to the conservator’s interim settlement of accounts. Upon receipt of objections or on the 547 29-3-70 court’s own motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the…

If the court finds that the conservator is liable to the minor, the court shall enter a judgment against the conservator and any surety in the amount of such liability. (Code 1981, § 29-3-63, enacted by Ga. L. 2004, p. 161, § 1.) 29-3-64. Termination of conservatorship.

(a) The conservatorship of a minor shall terminate either on the date upon which the minor reaches 18 years of age or earlier if the minor becomes emancipated. Proof of emancipation shall be filed with the court; and, where the court deems appropriate, the court may order a heari…

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 minor, except as provided in Code Section 9-3-90. (Code 1981, § 29-3-84, enacted by Ga. L. 2004, p. 161, § 1.) ARTICLE 9 TEMPORARY…

Upon the filing of a petition for the appointment of a conservator of a minor and the giving of notice, the court may hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor. (Code 1981, § 29-3-9, enacted by Ga. L. 2004, …

Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the minor held by the conservator and shall submit a final return covering …