Title 29 — Title 29

(a) A conservator may petition the court for compensation that is greater than the commissions allowed under Code Section 29-5-50. Service of notice of the petition for extra compensation shall be made to the ward and to a guardian ad litem appointed for the ward. Service shall b…

(a) Any conservator who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the ward owns an interest in the corporation or other business enterprise, provided t…

(a) At any time after the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court for an interim settlement of accounts. The court shall 710 29-5-63 appoint a guardian ad litem for the ward upon the filing …

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

If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability. (Code 1981, § 29-5-63, enacted by Ga. L. 2004, p. 161, § 1.)

(a) If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate: (1) To recover damages; (2) To compel performance of the conservator’s duti…

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…

The judge of the probate court is authorized, in the judge’s discretion, to employ counsel to bring an action to recover any amount due to a minor or adult described in Code Section 29-6-1, in the minor’s or adult’s name or in the name of the judge as custodian, in any court havi…

It shall be the duty of the judge of the probate court to keep a properly indexed complete record of all money received by the judge for minors or adults by virtue of the judge’s services under Code Section 29-6-1. The record shall show from what source the funds were derived and…

The judge of the probate court who, pursuant to Code Section 29-6-1, receives funds due and owing a minor or adult is authorized and directed to pay from the funds so received whatever amount the judge may think necessary for the support, care, education, health, and welfare of t…

In appropriate cases, the judge of the probate court who holds property or funds pursuant to this chapter may order that a conservatorship be established in accordance with the provisions of Chapter 3 or 5 of this title and shall distribute any or all of such property or funds to…

The judges of the probate courts shall receive as compensation for their services under Code Section 29-6-1 the fee specified in subsection (j) of Code Section 15-9-60. (Code 1981, § 29-6-7, enacted by Ga. L. 2004, p. 161, § 1.) 29-6-8. Bonding requirements.

Judges of the probate courts shall be held accountable on their official bonds for the faithful discharge of their duties pursuant to Code Section 29-6-1 as custodians and for the proper distribution of funds coming into their hands as such custodians. It is the judge’s responsib…

Requirement to deposit excess funds in FDIC insured account. Compensation of judges. Bonding requirements. Circumstances under which custodial property shall be returned. erty made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provis…

As used in this chapter, the term: (1) ‘‘Benefits’’ means all moneys paid or payable by the United States through the United States Department of Veterans Affairs. (2) ‘‘Department’’ means the United States Department of Veterans Affairs, its predecessors, or its successors. (3) …

(a) A bank or trust company doing business in this state shall not be required to file a bond for any VA guardianship unless required by the department. (b) Any other person serving as a VA guardian shall execute and file a bond, to be approved by the court, in an amount not less…

Every VA guardian shall invest the surplus funds of the ward’s estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditiona…

Every VA guardian shall file with the court annually, in the same manner as provided under the general law for conservators, a full, true, and accurate accounting, on oath, of all moneys received by the VA guardian and disbursements of all moneys, showing the balance in the VA gu…

If any VA guardian fails to file the accounting required by Code Section 29-7-13, the failure shall be grounds for removal. If any VA guardian fails to file any accounting within 30 days after demand is made by the court to do so, the court shall notify the surety for the VA guar…

(a) As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardian’s hands during any months while the VA guardian serves. If the ward receives at least $350.00 per month, the minimum fee shall be $35.00 per m…

(a) A VA guardian, upon filing a petition and making satisfactory accounting, shall be discharged when the ward dies, reaches the age of majority, or is declared competent by the department or the court. (b) A county guardian who ceases to serve as county guardian continues to se…

Except where inconsistent with this chapter, the general guardianship and conservatorship laws of this state and the laws establishing 744 29-7-18 the practice in such matters, including the rights of appeal, shall be applicable to wards and their estates governed by this chapter…

This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the department who are entitled to benefits from the department. (Code 1981, § 29-7-18, enacted by Ga. L. 2004, p. 161, § 1.) 745 T.29, C.8 GUA…

Whenever, pursuant to any law of the United States or regulation of the department, the secretary requires, prior to payment of benefits, that a VA guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter. (Code 1981, § 29-7-3, enacte…

Where a petition is filed for the appointment of a VA guardian for a minor, a certificate of the secretary or the secretary’s authorized representative setting forth the age of the minor as shown by the records of the department and the fact that the appointment of a VA guardian …

Upon a petition for the appointment of a VA guardian, notice shall be given to the department office having jurisdiction over the area in which the ward resides, to the proposed ward, and to two adult relatives of the proposed ward by certified mail or statutory overnight deliver…

Before making an appointment under this chapter, the court hearing the petition shall be satisfied that the VA guardian whose appointment is sought is a fit and proper person to be appointed. The nomination of a person by the department shall be prima-facie evidence of the person…

County administrators as provided for in Article 5 of Chapter 6 of Title 53 are ex officio county guardians and shall serve as guardians or conservators in all cases where appointed by the court. (Code 1981, § 29-8-1, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2011, p. 752, § 29…

In addition to the bond required in Code Section 53-6-41, county guardians shall give another bond with good security, to be judged by the court, in the sum of $5,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or…

(a) If in the opinion of the court it shall become necessary for the good of any conservatorship placed or about to be placed in the hands of the county guardian for the county guardian to give additional security on the bond or to give additional bond with security, the court sh…

Revocation of letters of guardianship or conservatorship or other court orders necessary for good of ward. erty made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.’’

Except as otherwise specifically provided by law, the provisions of this chapter shall apply to any proceeding in the court that arises under this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the court arising under thi…

When appointed pursuant to subsection (b.1) of Code Section 29-4-3, a duly appointed delegate of the Department of Human Services is authorized to take the oath of guardianship before the judge of any probate court of this state. (Code 1981, § 29-9-10, enacted by Ga. L. 2004, p. …

Verification of petitions and returns; consolidation and transfer of proceedings. 29-9-12. Issuance of citations.

(a) For purposes of this Code section, the terms ‘‘citation’’ and ‘‘notice’’ shall have the same meaning unless the context otherwise requires. (b) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; prov…

(a) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than ten days after the date the person is personally served. For persons within the Uni…

29-9-14. Court ordered hearings. 29-9-15. Compensation for legal counsel or guardian ad litem. 29-9-16. Compensation to physicians, psychologists, or licensed clinical social workers. 29-9-17. Court ordered instruction for conservator or guardian. 29-9-18. Sealing of records on c…

The court on its own motion may order a hearing on any matter related to a conservatorship or guardianship even if no objection is filed. (Code 1981, § 29-9-14, enacted by Ga. L. 2004, p. 161, § 1.) 755 29-9-16

Any legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceeding, including any appeals. (Code 1981, § 29-9-15, enacted by…

At the time of appointment and at any time throughout the conservatorship or guardianship, the court may order the conservator or guardian to undergo such instruction as the court deems appropriate. (Code 1981, § 29-9-17, enacted by Ga. L. 2004, p. 161, § 1.) 29-9-18. Sealing of …

(a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel of record and the da…

(a) Except as otherwise provided by law, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. (b) Except as otherwise provided in this Code section, per…

If one or more unsuccessful attempts at personal service are made by the sheriff or deputy upon a conservator or guardian appointed in this state at the last known address of the conservator or guardian that 751 29-9-8 appears in the court records and it appears to the court that…

(a) Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment of service shall be in writing, signed by the person to be served or some person competent to do so, shall be sworn before the court or a notary public, an…

Appointment of guardian ad litem; representation of persons not sui juris; limited appointment; identification of parties in all petitions. Counsel as guardian ad litem prohibited; guardian ad litem as counsel prohibited. Personal service; procedure. Service upon current residenc…

Public guardians shall receive compensation for their services in accordance with the provisions of Chapter 4 of this title. However, for wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title, at the discretion of the prob…

Editor’s notes. — Ga. L. 2005, p. 509, § 9/HB 394, not codified by the General Assembly, provides: ‘‘This Act shall become effective on July 1, 2005, and all appointments of guardians of the person made pursuant to former Title 29 shall continue in effect and shall thereafter be …

When appointed pursuant to subsection (b.1) of Code Section 29-4-3, a public guardian is authorized to take the oath of guardianship before the judge of any probate court of this state. In the event of a public guardian that is a private entity, the employee or agent of such enti…

(a) To be eligible to serve as a public guardian, an individual must: (1) Be at least 18 years of age; 759 29-10-3 (2) Submit to a criminal background check with satisfactory results as prescribed by the Division of Aging Services of the Department of Human Services; (3) Submit t…

(a) An individual who meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of the county in which he or she is domiciled upon approval by the probate court. Such individual may also be registered in the probate court of other …