Title 29 — Title 29

Except as otherwise provided, as used in this title, the term: (1) ‘‘Adult’’ means an individual who is either 18 years of age or older or an emancipated minor. (2) ‘‘Conservator’’ includes a guardian of the property appointed prior to July 1, 2005, but shall not include a conser…

Guardians of minors may be categorized as follows: (1) Natural guardians; (2) Testamentary guardians; (3) Temporary guardians; (4) Standby guardians; and 418 29-2-1 (5) Permanent guardians. (Code 1981, § 29-2-1, enacted by Ga. L. 2004, p. 161, § 1.)

Designation of standby guardian pending health issue; required probate court filing; no bond required; parental obligation to support continues. Designation in writing; requirements of designation; form. Revocation of standby guard- Power of probate court to appoint guardian. ‘‘B…

The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the pr…

Norfolk S. Ry., 879 F. Supp. 1192 (N.D. Ga. 1994) (decided under former O.C.G.A. § 29-2-16). Claims Subject to Compromise (Cont’d) ‘‘Claims’’ is sufficiently broad to include a tort action. Macris v. Laughlin Insulation Co., 124 Ga. App. 573, 185 S.E.2d 413 (1971) (decided under …

Upon the filing of a petition for the appointment of a permanent guardian of a minor and the giving of notice, the court shall hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor. (Code 1981, § 29-2-18, enacted by Ga.…

An order granting permanent guardianship shall specify: (1) The name of the permanent guardian and the basis for the selection of the guardian; (2) A specific listing of any of the additional powers which are granted to the permanent guardian as provided in subsection (b) of Code…

Qualified individuals to serve as guardian of minor. PART 2 29-2-3. 29-2-4. PART 5 PERMANENT GUARDIANSHIP 29-2-14. 29-2-15. PARENTAL RIGHTS IN GUARDIAN SELECTION Guardian of minor children in event of divorce; death of spouse or former spouse. Nomination of testamentary guardian;…

(a) In every guardianship, the minor has the right to: (1) A qualified guardian who acts in the best interest of the minor; (2) A guardian who is reasonably accessible to the minor; (3) Have his or her property utilized as necessary for his or her support, care, education, health…

The guardian must disclose promptly any conflict of interest between the guardian and the minor 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 minor for the gua…

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 …

Power of guardian over minor; obligations of guardians; liability of guardian. Authority of guardian; appointment of guardian ad litem. Conflicts of interest. Oath required of guardian. Bond requirements. Article 3 Termination of Guardianship 29-2-30. 29-2-31. 415 Circumstances w…

(a) The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered. Proof of adoption, deat…

(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…

(a) Every parent, by will, may nominate a testamentary guardian for the parent’s minor child. (b)(1) Unless the minor has another living parent, upon probate of the minor’s parent’s will, letters of guardianship shall be issued to the individual nominated in the will who shall se…

(a) In the event of the death of a guardian, and upon the petition of an interested person or upon the court’s own motion, the court shall appoint a successor guardian. The court shall notify the minor and any guardian ad litem appointed for the minor by personal service. Notice …

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

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 minor, except as provided in Code Section 9-3-90. (Code 1981, § 29-2-44, enacted by Ga. L. 2004, p. 161, § 1.) 468 29-2-44 GUARDIANS OF M…

(a) Except as otherwise provided by law, a temporary guardian shall be entitled to exercise any of the powers of a natural guardian. The court in its discretion may waive the requirement that a temporary guardian file the personal status reports that are required by paragraph (8)…

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

(a) Notice and a copy of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state: (1) The date that the hearing shall be held; and (2) That the m…

On 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 guardianship. (Code 1981, § 29-2-72, enacted by Ga. L. 2004, p. 161, § 1.) 479 29-2-73

Pending an action brought by a foreign guardian pursuant to Code Section 29-2-75, 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 …

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

Parental consent to temporary guardianship; failure to consent; minor’s preference. Powers of temporary guardians; medical insurance coverage for minors. Termination of temporary guardianship; petition for termination of guardianship. 29-2-19. 29-2-9. 29-2-10. 29-2-11. 29-2-12. D…

As used in this part, the term: (1) ‘‘Designating individual’’ means a parent or guardian who appoints a standby guardian. A designating individual may only be: (A) A parent of a minor, provided that he or she has physical custody of the minor and his or her parental rights have …

(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…