reglab/housing_qa huggingface dataset:
GA Code § 29-3-64 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 6 - Accounting for Assets|§ 29-3-64. Termination of Conservatorship

  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 hearing on the issue of termination.   Within six months prior to the date the minor reaches 18 years of age, the conservator or any other interested person may file a petition for the appointment of a conservator for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 5 of this title, to take effect on the date the minor reaches 18 years of age.   The death of the minor automatically terminates the conservatorship, but the conservator or the conservator's personal representative must comply with the provisions in Code Section 29-3-70.   Upon termination of the conservatorship, the conservator shall deliver any money or property to the former minor or, if a conservator has been appointed for the former minor, to that conservator, or, if the minor is deceased, to the minor's personal representative.     (Code 1981, §29-3-64, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)
GA Code § 29-3-70 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 7 - Termination of Conservatorship|§ 29-3-70. Petition for Order of Dismissal of Conservatorship; Final Return; Notice; Order of Dismissal

  Upon the termination of the conservatorship or upon the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the last annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section 29-3-60. Notice shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which date shall not be less then 30 days from the date of publication. The court shall examine any objections filed.   If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the conservator from office is appropriate, the court shall enter an order dismissing the conservator from office. Such order shall not bar an action against the conservator or the conservator's surety.     (Code 1981, §29-3-70, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 41 et seq., 101, 104, 139, 210 et seq.
GA Code § 29-3-81 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 8 - Successor Conservators|§ 29-3-81. Individuals Entitled to Notice; Appointment of Successor Conservator; Turning Over of Property

  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 notify the minor and a guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail to the guardian of the minor, if any, the surety on the conservator's bond, the personal representative of the deceased conservator, if any, and, in the following order of preference, to the following relatives of the minor who are persons other than the proposed successor conservator:   Any parent of the minor whose parental rights have not been terminated;   If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;   If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or   If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1.     After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-3-91 and require the personal representative of the deceased conservator to turn over to the successor conservator all property of the minor held by the conservator.     (Code 1981, §29-3-81, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2011, p. 752, § 29/HB 142.)   RESEARCH REFERENCES   ALR.    - Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199.
GA Code § 29-3-82 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 8 - Successor Conservators|§ 29-3-82. Suspension of Conservatorship or Imposition of Sanctions; Power of Court; Liability of Conservator

  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 allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute conservator to take possession of and to administer the minor's property during the investigation.   Upon investigation the court may in its discretion:   Revoke or suspend the letters of conservatorship;   Require additional security;   Require the conservator to appear and submit to a settlement of accounts following the procedure as set forth in Code Section 29-3-71, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;   Reduce or deny compensation to the conservator or impose such other sanction or sanctions as the court deems appropriate; and   Issue such other orders which the court deems appropriate under the circumstances of the case.     The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.     (Code 1981, §29-3-82, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-3-83 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 8 - Successor Conservators|§ 29-3-83. Cause of Action for Breach of Conservator's Duties; Remedies Available to Minor

  If a conservator 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:   To recover damages;   To compel performance of the conservator's duties;   To enjoin the commission of a breach of fiduciary duty; or   To compel the redress of a breach of fiduciary duty by payment of money or otherwise.     When the minor's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.   The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.     (Code 1981, §29-3-83, enacted by Ga. L. 2004, p. 161, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 49-232 are included in the annotations for this Code section.   Use of estate funds should accompany petition to revoke guardianship.   - One who has been adjudged insane and confined to state mental hospital and who desires to use funds in estate for purpose of proving that sanity has been restored, should properly proceed by making application to ordinary (now judge of probate court) for revocation of letters of guardianship. 1952-53 Op. Att'y Gen. p. 373 (decided under former Code 1933, § 49-232).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 162, 163.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 78, 80, 81, 255, 256.   ALR.    - Liability of attorney for loss or waste of funds of minor, 62 A.L.R. 910.    Liability of guardian, or his surety, as affected by agreement by which he limits his control over funds or investments, 102 A.L.R. 1108.    Improper handling of funds, investments, or assets as ground for removal of guardian of infant or incompetent, 128 A.L.R. 535.
GA Code § 29-3-84 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 8 - Successor Conservators|§ 29-3-84. Statute of Limitations

 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.)
GA Code § 29-3-90 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 9 - Temporary Substitute Conservators|§ 29-3-90. Appointment of Temporary Substitute Conservator; Length of Appointment; Powers; Notice; Removal

  Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute conservator for a minor if it appears to the court that the best interest of the minor requires immediate action.   The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days.   The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest of the minor.   Except as otherwise ordered by the court, a temporary substitute conservator has the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority.   Notice of the appointment of a temporary substitute conservator shall be served personally on the minor. Notice of the appointment shall be served personally on the previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the minor's guardian, if any.   The court may remove the temporary substitute conservator at any time. A temporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator.     (Code 1981, §29-3-90, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-3-91 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 9 - Temporary Substitute Conservators|§ 29-3-91. Appointment of Successor Conservator; Notice; Hearing and Bond Requirements

  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 minor. The court shall select the successor conservator in the manner provided in Code Section 29-3-7.   In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections 29-3-80 and 29-3-81. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any, and to the following relatives of the minor, in the following order of preference, who are persons other than the proposed successor conservator:   Any parent of the minor whose parental rights have not been terminated;   If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;   If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or   If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1.     After any hearing the court deems appropriate, the court shall enter an order appointing the successor conservator and require that bond be posted in the amount set forth in Code Section 29-3-40.     (Code 1981, §29-3-91, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2011, p. 752, § 29/HB 142.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 56, 85.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 13, 20 et seq., 24 et seq., 35, 36, 48, 49, 281.   ALR.    - Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199.   Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.
GA Code § 29-3-92 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 9 - Temporary Substitute Conservators|§ 29-3-92. Delivery of Property; Annual Return; Liability of Surety

 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 the period since the conservator's last annual return. The surety of the predecessor conservator shall be liable for all acts of the conservator in relation to the minor's property up to the time of the receipt of all of the minor's property by the successor conservator.    (Code 1981, §29-3-92, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 164 et seq., 185 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 41 et seq., 75 et seq., 210 et seq., 281, 283 et seq.   ALR.    - Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199.   Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.
GA Code § 29-4-2 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 1 - General Provisions|§ 29-4-2. Qualifications of Guardians Selected for Adults

  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.   No individual may be appointed as guardian of an adult who:   Is a minor, a ward, or a protected person;   Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult's best interest; or   Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.     No entity may be appointed as guardian of an adult which:   Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult's best interest; or   Is a long-term care or other caregiving institution or facility at which the adult is receiving care.       (Code 1981, §29-4-2, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 509, § 2/HB 394; Ga. L. 2009, p. 453, § 2-2/HB 228.)   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 governed by the provisions of this Act."   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-5-2 are included in the annotations for this Code section.   Failure to explain reason for selection of county guardian.    - Probate court, when selecting a new guardian for appellant, erred in failing to consider appellant's next of kin; because the hearing was not recorded, and because the order failed to explain the reason the probate court selected the county guardian as the new guardian, the record supported appellant's argument that the probate court failed to consider the statutory preferences of former O.C.G.A. § 29-5-2(c) in naming a new guardian. In re Phillips, No. A02A2368, Ga. App. , S.E.2d (Oct. 9, 2002) (decided under former O.C.G.A. § 29-5-2).    Cited in Twitty v. Akers, 218 Ga. App. 467, 462 S.E.2d 418 (1995); Gary v. Weiner, 233 Ga. App. 284, 503 S.E.2d 898 (1998).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 41, 42, 43, 46 et seq.   C.J.S.   - 57 C.J.S., Mental Health, § 135 et seq.
GA Code § 29-4-17 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 2 - Procedure for Appointment|§ 29-4-17. Responsibility for Paying Expenses of Any Hearing

 Repealed by Ga. L. 2019, p. 693, § 9/HB 70, effective January 1, 2020.   Editor's notes.   - This Code section was based on Ga. L. 2006, p. 805, § 11/SB 534.
GA Code § 29-4-20 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 3 - Protection of the Ward|§ 29-4-20. Rights of the Ward; Impact on Voting and Testamentary Capacity

  In every guardianship, the ward has the right to:   A qualified guardian who acts in the best interest of the ward;   A guardian who is reasonably accessible to the ward;   Have the ward's property utilized to provide adequately for the ward's support, care, education, health, and welfare;   Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction;   Individually, or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter and Chapter 5 of this title and including the right to bring an action to modify or terminate the guardianship pursuant to the provisions of Code Sections 29-4-41 and 29-4-42;   The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences; and   Be restored to capacity at the earliest possible time.     The appointment of a guardian is not a determination regarding the right of the ward to vote.   The appointment of a guardian is not a determination that the ward lacks testamentary capacity.     (Code 1981, §29-4-20, enacted by Ga. L. 2004, p. 161, § 1.)   Law reviews.   - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).   JUDICIAL DECISIONS   Father had right to visitation with child over guardian's objection.    - Although a disabled adult child's mother as guardian had authority to exercise the powers reasonably necessary to provide for the child's health and welfare, O.C.G.A. § 29-4-23(a)(4), the child had the right to communicate freely with persons other than the guardian, pursuant to O.C.G.A. § 29-4-20(a)(4). In the absence of any medical or other direct testimony that visitation would have a negative impact on the child, the child's father had the right to visitation with his daughter over the mother's objection. Mitchum v. Manning, 304 Ga. App. 842, 698 S.E.2d 360 (2010).
GA Code § 29-4-24 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 3 - Protection of the Ward|§ 29-4-24. Disclosure of Conflicts of Interest

 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 guardian to continue to serve.    (Code 1981, §29-4-24, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, § 205 et seq.   C.J.S.   - 57 C.J.S., Mental Health, § 135 et seq.
GA Code § 29-4-25 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 3 - Protection of the Ward|§ 29-4-25. Oath or Affirmation of Guardian

 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 affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.    (Code 1981, §29-4-25, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 35, 36, 141.   ALR.    - Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.    Official bond of executor, administrator, guardian, or trustee as covering appeal taken by him, 132 A.L.R. 1280.