Title 29 — Title 29
0 chapters · 173 sections in this title.
O.C.G.A. § 29-3-52 Petition for larger compensation; procedural requirements
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(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…
O.C.G.A. § 29-3-6 Power to appoint conservator
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(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…
O.C.G.A. § 29-3-62 Objections to conservator’s interim settlement of accounts; hearing
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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…
O.C.G.A. § 29-3-63 Judgment against conservator and surety
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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.
O.C.G.A. § 29-3-64 Termination of conservatorship
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(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…
O.C.G.A. § 29-3-84 Statute of limitations
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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…
O.C.G.A. § 29-3-9 Hearing
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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, …
O.C.G.A. § 29-3-92 Delivery of property; annual return; liability of surety
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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 …
O.C.G.A. § 29-4-13 Requirements of order granting guardianship; service
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(a) The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting guardianship shall specify: (1) The name of the guardian and the basis for the selection; (2) Any powers retained by …
O.C.G.A. § 29-4-14 Petition for appointment of emergency guardian; requirements of petition
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(a) Any interested person, including the proposed ward, may file a petition for the appointment of an emergency guardian. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found. (b) The petition for appointment of an emergency g…
O.C.G.A. § 29-4-17 Responsibility for paying expenses of any hearing
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The amounts actually necessary or requisite to defray the expenses of any hearing held under this article shall be paid: (1) From the estate of the ward if a guardianship is ordered; (2) By the petitioner if no guardianship is ordered; or (3) By the county in which the proposed w…
O.C.G.A. § 29-4-18 Temporary medical consent guardianship
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(a) As used in this Code section, the term: (1) ‘‘Adult unable to consent’’ means a person 18 years of age or older who has been determined in his or her medical records by a licensed physician after the physician has personally examined the adult that he or she lacks sufficient …
O.C.G.A. § 29-4-2 Qualifications of guardians selected for adults
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(a) Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Services is appointed pursuant to subsection (b.1) of Code Section 29-4-3. (b) No individual may be appointed as guardian of an adult who: (1) Is a minor, a …
O.C.G.A. § 29-4-21 Rights and privileges removed from ward upon appointment of guardian
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(a) Unless the court’s order specifies that one or more of the following powers are to be retained by the ward, the appointment of a guardian shall remove from the ward the power to: (1) Contract marriage; (2) Make, modify, or terminate other contracts; (3) Consent to medical tre…
O.C.G.A. § 29-4-24 Disclosure of conflicts of interest
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The guardian must promptly disclose any conflict of interest between the guardian and the ward when it arises or becomes known to the guardian and seek the court’s determination as to whether the conflict is insubstantial or if it is in the best interest of the ward for the guard…
O.C.G.A. § 29-4-25 Oath or affirmation of guardian
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Before entering upon the duties of the appointment, every guardian appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a guardian and to account faithfully for the estate. The oath or …
O.C.G.A. § 29-4-3 Law reviews
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— For note on discrimi- natory charitable trusts in Georgia, with regard to application of the cy pres doctrine, in light of Evans v. Newton, 382 U.S. 296, 86 S. Ct. 486, 15 L. Ed. 2d 373 (1966), see 6 Ga. St. B.J. 428 (1970). For note discussing problems with venue in Georgia, a…
O.C.G.A. § 29-4-30 Bond; recording of bond; payment of costs
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(a) A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time. (b) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds. (c) If a guardian is requ…
O.C.G.A. § 29-4-41 Modification of guardianship
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(a) Upon the petition of any interested person, including the ward, or upon the court’s own motion, the court may modify the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-22 and 29-4-23, or the powers of the ward, as defined in C…
O.C.G.A. § 29-4-43 Petition of guardian for dismissal; order of dismissal
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(a) Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest ann…
O.C.G.A. § 29-4-53 Breach of fiduciary duty by guardian
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(a) If a guardian 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 to: (1) Recover damages; (2) Compel performance of the guardian’s duties; (3) E…
O.C.G.A. § 29-4-54 Statute of limitations
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All actions against a guardian, except on the guardian’s bond, shall be brought within six years of the termination of the guardianship of the ward, except as provided in Code Section 9-3-90. (Code 1981, § 29-4-54, enacted by Ga. L. 2004, p. 161, § 1.)
O.C.G.A. § 29-4-96 Power to recover property
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A foreign guardian 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 guardian as such. (Code 1981, § 29-4-96, enacted by Ga. L. 2004, p. 161, § 1.)
O.C.G.A. § 29-4-97 Required filings with clerk of court
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Pending an action brought by a foreign guardian pursuant to Code Section 29-4-96, an authenticated copy of the letters of guardianship 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 papers …
O.C.G.A. § 29-4-98 Submission to jurisdiction
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A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship 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 guardian …
O.C.G.A. § 29-5-12 Judicial review and proceedings
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(a) After the filing of the evaluation report, the court shall review the pleadings and the evaluation report. (b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a conservator within the meaning of C…
O.C.G.A. § 29-5-120 Petition for removal; prerequisites
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(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. 729 29-5-120 (b) Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoi…
O.C.G.A. § 29-5-13 In re Olliff, 184 Ga
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App. 846, 363 S.E.2d 158 (1987), aff ’d, 258 Ga. 157, 366 S.E.2d 289 (1988) (decided under former O.C.G.A. § 29-5-13). 29-9-17. Court ordered instruction for conservator or guardian.
O.C.G.A. § 29-5-136 Conservator’s power to bring suit
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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…
O.C.G.A. § 29-5-137 Filing of letters of conservatorship with court
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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 …
O.C.G.A. § 29-5-138 Submission to jurisdiction personally of foreign conservator
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A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by: 732 29-5-140 (1) Receiving payment of money or taking delivery of personal property in this state belonging to the ward; or (2) Doing any…
O.C.G.A. § 29-5-17 Responsibility for paying expenses of any hearing
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The amounts actually necessary or requisite to defray the expenses of any hearing held under this article shall be paid: (1) From the estate of the ward if a conservatorship is ordered; (2) By the petitioner if no conservatorship is ordered; or (3) By the county in which the prop…
O.C.G.A. § 29-5-2 Qualifications of conservator of adult
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No person may be appointed or continue to serve as conservator of the estate of an adult who: (1) Is a minor, a ward, or a protected person; (2) Who has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the ap…
O.C.G.A. § 29-5-20 Rights of adult ward; impact on right to vote or testamentary capacity
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(a) In every conservatorship the ward has the right to: (1) A qualified conservator who acts in the best interest of the ward; (2) A conservator who is reasonably accessible to the ward; (3) Have the ward’s property utilized as necessary to provide adequately for the ward’s suppo…
O.C.G.A. § 29-5-21 Rights and powers removed from ward
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(a) Unless the court’s order specifies that one or more of the following powers are to be retained by the ward, the appointment of a conservator shall remove from the ward the power to: (1) Make, modify, or terminate contracts, other than the power to contract marriage; (2) To bu…
O.C.G.A. § 29-5-22 Obligations and liabilities of conservator
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(a) Except as otherwise provided by law or by the court, a conservator shall receive, collect, and make decisions regarding the ward’s property. A conservator shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and develop …
O.C.G.A. § 29-5-25 Oath or affirmation required of conservator
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Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oa…
O.C.G.A. § 29-5-30 Inventory and plan for handling ward’s property
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(a) Within two months of appointment, the conservator shall file with the court and provide to the ward’s guardian, if any, an inventory of the ward’s property and a plan for managing, expending, and distributing the property. 685 29-5-31 (b) The inventory shall describe all the …
O.C.G.A. § 29-5-32 Investment of estate funds by conservator
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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…
O.C.G.A. § 29-5-33 Holding of investments; corporate fiduciaries
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(a) Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the a…
O.C.G.A. § 29-5-40 Bond requirement; exception to requirement; recording
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(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…
O.C.G.A. § 29-5-42 Reduction in bond
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If the value of the ward’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, § 29-5-42, enacted by Ga. L. 2…
O.C.G.A. § 29-5-43 Requirement of additional bond or security
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(a) Whenever it comes to the knowledge of the court, either by annual returns or otherwise that: (1) Additional personal property has accrued to the ward by descent, gift, or otherwise; (2) For any other reason the bond or security of the conservator fails to comply with the mini…
O.C.G.A. § 29-5-44 Payment of bond premium
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(a) A conservator who is required to give bond, and who has given as security on the 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 29-4-30, the conservator shall pay…
O.C.G.A. § 29-5-45 Liability of surety in event conservatorship is void
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If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond for any property received by the conservator. (Code 1981, § 29-5-45, enacted by Ga. L. 2004, p. 161, § 1.) 699 29-5-47
O.C.G.A. § 29-5-46 Joint and several liability of conservator and surety
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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 a position t…
O.C.G.A. § 29-5-47 Levy upon property; writs of execution
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(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. 700 29-5-49 (b) The court shall be authorized to enter a judgment and to issue a writ of execution a…
O.C.G.A. § 29-5-48 Order of levy against property
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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…
O.C.G.A. § 29-5-49 Discharge of surety from obligations under bond; reporting
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(a) The surety on the bond of any conservator or, if the surety is dead, the surety’s personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the 701 29-5-49 conservator’s trust or to show the court his or her de…
O.C.G.A. § 29-5-51 Reimbursement for reasonable expenses
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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 deter…