Title 29

(a) In the event of the death of a conservator and upon the petition of an interested person or upon the court’s own motion, the court shall appoint a successor conservator. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon…

(a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of conservatorship or to impose sanctions, the court shall cite the conservator to answer the charge. The court shall investigate the alle…

(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…

(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 cons…

(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 provi…

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 ward held by the conservator and shall submit a final return covering t…

(a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward’s legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were h…

(a) A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the ward resides. (b) Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian…

(a) For purposes of this part, the term ‘‘foreign conservator’’ means a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property …

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 ward or accruing to the foreign conservator in his or her capacity as conservator. (Code 1981, § 29-5-136, enacted by Ga. L. 2004, p. 161, § 1…

Pending an action brought by a foreign conservator pursuant to Code Section 29-5-136, 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 …

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 ward; or (2) Doing any act as a con…

Any resident of this state who is interested as a creditor, heir, or will beneficiary of a ward whom a foreign conservator represents may apply to the proper court to compel the foreign conservator to protect that interest according to equity and good conscience before selling th…

(a) A person who is indebted to or has possession of tangible or intangible property of a ward may pay the debt or deliver the property to a foreign conservator of the ward. Payment of the debt or delivery of the property may be made upon proof of appointment and proof that the f…

Final settlement; appearance by ward or successor conservator; return of property. Article 10 Determining compensation of conservator; failure to file annual returns results in forfeiture of commission. Reimbursement for reasonable expenses. Petition for additional compensation b…

The judges of the probate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $15,000.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified conservator; and the judges ar…

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…

When any funds due and owing a minor or adult come into the hands of the judge of the probate court and the funds are not needed for the support, care, education, health, and welfare of the minor or adult, it shall be the duty of the judge to place the funds in an account insured…

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.)

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…

The judge shall turn over all custodial property held pursuant to this chapter to: (1) A conservator if the custodial funds exceed $15,000.00; (2) A minor upon reaching the age of majority; (3) A former incapacitated adult upon restoration to capacity; (4) The personal representa…

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…

(a) A VA guardian shall not apply any portion of the estate of the ward for the support, maintenance, or education of any person other than the ward, the ward’s spouse, and the children of the ward who are legally dependent on the ward, except upon order of the court after a hear…

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 the practice in such matters, including the rights of appeal, shall be applicable to wards and their estates governed by this chapter. (Code 1981…

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.) CHAPTER 8 COUNTY …

(a) The secretary shall be a party in interest in any proceedings for the appointment or discharge of a VA guardian and in any proceedings involving the administration of the estate of the ward. Written notice of the time and place for hearing on any petition or pleading or in co…

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 mentally incompetent ward, a certificate of the secretary or the secretary’s duly authorized representative stating that such individual has been rated incompetent by the department on examination in accordance …

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…

(a) A petition for the appointment of a VA guardian may be filed in the court having jurisdiction by or on behalf of the department or any person designated by the secretary or the secretary’s representative. (b) The petition shall set forth: (1) The name, age, and place of resid…

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…

(a) The following persons and entities may serve as VA guardians subject to the restrictions listed: (1) An individual deemed fit and proper by the court may be a VA guardian of that individual’s children, parents, and grandparents without limitation; (2) A bank or trust company …

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…

The court shall grant to the county guardian separate letters of guardianship or conservatorship upon each appointment. The county guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians or conservators and shall be …