GA Code § 29-3-22 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 2 - Rights of Minor and Obligations of Conservator|§ 29-3-22. Power of Conservator; Cooperation With Guardian of Minor

  Without court order, the appointment of a conservator shall vest in the conservator the exclusive power to:   Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor;   Enter into contracts for labor or services upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30;   Borrow money for one year or less and bind the minor or the minor's property, but only if the amount of the annual payments when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 and only if done for purposes of paying the minor's debts, providing for the support, care, education, health, or welfare of the minor, or repairing the minor's dwelling place;   Receive, collect, and hold the minor's property, additions to the minor's property, and all related records;   Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-3-31;   Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor;   Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the minor;   Examine the will and any other estate planning documents of the minor;   Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservator's sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator;   Invest the minor's property pursuant to the provisions of Code Sections 29-3-32 and 29-3-33;   Sell the minor's stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-3-35;   Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in the amount of $15,000.00 or less; and   Release the debtor and compromise all debts in the amount of $15,000.00 or less when the collection of the debt is doubtful.       In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to:   Invest the minor's property in investments other than those authorized in Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34, without further court approval of any investment;   Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor's real or personal property without complying with the provisions of Code Section 29-3-35, other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35;   Continue the operation of any farm or business in which the minor has an interest; or   Access the digital assets of the minor, pursuant to Code Section 53-13-20.     Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order such hearing as the court deems appropriate. Notice shall be given by personal service to 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; the surety on the conservator's bond; and to the following relatives of the minor whose whereabouts are known:   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 to be notified;   If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified; or   If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1.       After appointment of a guardian ad litem for the minor and such hearing as the court deems appropriate, in granting the petition for appointment of conservator or at any time during the conservatorship, the court may grant the conservator any of the following powers on a case-by-case basis:   To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor;   To enter into contracts for labor or services for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30;   To make specific investments of the minor's property that do not comply with the provisions of Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34;   To sell, rent, lease, exchange, or otherwise dispose of specific items of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35;   Pursuant to the provisions of Code Section 29-3-3, to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is more than the amount of $15,000.00;   To release the debtor and compromise a debt which is in the amount of more than $15,000.00 when the collection of the debt is doubtful;   To establish or add property to a trust for the benefit of the minor; provided, however, that the trust must provide that the minor may revoke the trust at any time after reaching the age of majority and, unless otherwise provided by court order pursuant to Code Section 29-3-36, the trust shall terminate upon the minor's death and any property remaining in the trust shall be paid to the minor's estate;   To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20;   To access the digital assets of the minor pursuant to Code Section 53-13-20;   To engage in estate planning for the minor pursuant to the provisions of Code Section 29-3-36; and   To perform such other acts as may be in the best interest of the minor.     In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, if there is no guardian, of others who have custody of the minor.   In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody of the minor.     (Code 1981, §29-3-22, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 7/SB 534; Ga. L. 2011, p. 752, § 29/HB 142; Ga. L. 2018, p. 1089, § 5/SB 301; Ga. L. 2019, p. 693, § 3/HB 70.)    The 2018 amendment,  effective July 1, 2018, in paragraph (b)(1), deleted "or" at the end of subparagraph (b)(1)(B), added "; or" at the end of subparagraph (b)(1)(C), and added subparagraph (b)(1)(D).    The 2019 amendment,  effective January 1, 2020, added paragraph (c)(9) and redesignated former paragraphs (c)(9) and (c)(10) as present paragraphs (c)(10) and (c)(11), respectively.   Cross references.   - Service of process on guardian of incapacitated adult, § 9-11-4(l)(4).    Bond required of guardians of minors, § 29-4-12.    Contracts for labor or service by trustees and administrators, § 53-7-8 (Pre-1998 Probate Code).    Private sale of certain stocks and bonds by guardian, § 53-8-37 (Pre-1998 Probate Code).    Revised Uniform Fiduciary Access to Digital Assets Act, § 53-13-1 et seq.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2004, "Code Section 29-3-35" was substituted for "Code Section 2-3-35" in subparagraph (b)(1)(B) and paragraph (c)(4); and "or" was added following the semicolon at the end of subparagraph (b)(2)(C).   Law reviews.   - For article discussing the custodian as a fiduciary under the Gifts to Minors Act (O.C.G.A. Title 44, Chapter 5, Article 5), see 7 Ga. St. B.J. 175 (1970). For article, "The Child as a Party in Interest in Custody Proceedings," see 10 Ga. St. B.J. 577 (1974). For article, "The Scope of Permissible Investments by Fiduciaries Under Georgia Law," see 19 Ga. St. B.J. 6 (1982). For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986). For annual survey of wills, trusts, and administration of estates, see 42 Mercer L. Rev. 491 (1990). For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 204 (2018). For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Authority of Probate Judge   Notice   Claims Subject to Compromise   Effect of Compromise    RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, § 86 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 15, 16, 56 et seq., 75 et seq., 280.   57 C.J.S., Mental Health, §§ 176 et seq., 185 et seq.   ALR.    - Constitutionality of statute authorizing guardian to sell or lease land of ward, 4 A.L.R. 1552.    Right of guardian to expend principal of ward's estate for maintenance and support, 5 A.L.R. 632.    Right of natural guardian to custody or control of infant's property, 6 A.L.R. 115.    Power of court to authorize guardian to borrow ward's money, 30 A.L.R. 461.    Right of attorney, parent, guardian ad litem, or next friend to remit from verdict or judgment in favor of infant, 30 A.L.R. 1111.    Right of guardian who promises to provide out of own estate for ward to allowance out of ward's estate, 56 A.L.R. 536.    Right of guardian to allowance for expenditures prior to appointment, 67 A.L.R. 1405.    Right of trustee, executor, administrator, or guardian to purchase property of estate or trust at sale brought about by third person, 77 A.L.R. 1513.    Liability of trustee, guardian, executor, or administrator for loss of funds invested, as affected by order of court authorizing the investment, 88 A.L.R. 325.    Power of guardian to sell ward's property without order of court, 108 A.L.R. 936.    Right of trustee or guardian to retain unauthorized securities held by testator or creator of trust, 122 A.L.R. 801; 135 A.L.R. 1528.    Effect of beneficiary's consent to, acquiescence in, or ratification of, improper investments or loans (including failure to invest) by trustee or other fiduciary, 128 A.L.R. 4.    Guardian's sale of ward's property initiated before, but not finally concluded until after, ward's attainment of majority, 141 A.L.R. 1022.    Power of guardian or committee to compromise liquidated contract claim or money judgment, and of courts to authorize or approve such a compromise, 155 A.L.R. 196.   Construction and effect of instrument authorizing or directing trustee or executor to retain investments received under such instrument, 47 A.L.R.2d 187.   Power of guardian representing unborn future interest holders to consent to invasion of trust corpus, 49 A.L.R.2d 1095.   Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757.   Power of court or guardian to make noncharitable gifts or allowances out of funds of incompetent ward, 24 A.L.R.3d 863.   Amount of attorneys' compensation in matters involving guardianship and trusts, 57 A.L.R.3d 550.   Right of guardian or committee of incompetent to incur obligations so as to bind incompetent or his estate, or to make expenditures, without prior approval by court, 63 A.L.R.3d 780.