reglab/housing_qa huggingface dataset:
GA Code § 29-2-43 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 2 - Guardians of Minors|Article 4 - Violations by Guardians|§ 29-2-43. Minor's Cause of Action for Breach of Guardian's Fiduciary Duties

  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:   To recover damages;   To compel performance of the guardian'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, §29-2-43, 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 et seq., 178.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 4, 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 § 29-2-50 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 2 - Guardians of Minors|Article 5 - Temporary Substitute Guardians|§ 29-2-50. Appointment of Temporary Substitute Guardian; Length of Service; Powers; Notice of Appointment; Application of Chapter

  Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute guardian for a minor if it appears to the court that the best interest of the minor requires immediate action.   The temporary substitute guardian shall be appointed for a specified period not to exceed 120 days.   The court shall appoint as temporary substitute guardian an appropriate individual who shall serve the best interest of the minor.   Except as otherwise ordered by the court, a temporary substitute guardian has the powers set forth in the order of appointment. The authority of the previously appointed guardian is suspended for as long as the temporary substitute guardian has authority to act on behalf of the minor.   Notice of the appointment of a temporary substitute guardian shall be served personally on the minor. Notice of the appointment shall be served personally on the previously appointed guardian at the last address provided by that guardian to the court. Notice of the appointment shall be mailed by first-class mail to the minor's conservator, if any.   The court may remove the temporary substitute guardian at any time. A temporary substitute guardian shall make any report the court requires. In all other respects, the provisions of this chapter apply to the temporary substitute guardian.     (Code 1981, §29-2-50, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-2-51 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 2 - Guardians of Minors|Article 5 - Temporary Substitute Guardians|§ 29-2-51. Appointment of Successor Guardian; Notice; Preference to Selected Individuals; Order of Appointment

  The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the minor. The court shall select the successor guardian in the manner provided in Code Section 29-2-16.   In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-2-40 and 29-2-41. In all other cases, notice of the proceeding for appointment of a successor guardian 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 conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the proposed successor guardian:   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 the successor guardian.     (Code 1981, §29-2-51, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2011, p. 752, § 29/HB 142; Ga. L. 2019, p. 693, § 2/HB 70.)    The 2019 amendment,  effective January 1, 2020, substituted "29-2-16" for "29-2-15" at the end of the second sentence of subsection (a).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 10, 40 et seq., 52 et seq., 85.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 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 § 29-2-52 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 2 - Guardians of Minors|Article 5 - Temporary Substitute Guardians|§ 29-2-52. Delivery of Property to Successor Guardian; Reporting Requirements

 Upon the appointment of a successor guardian, the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property of the minor held by the guardian and shall submit a final status report covering the period since the guardian's last status report.    (Code 1981, §29-2-52, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 10, 56, 85, 88.   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 § 29-3-2 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 1 - Property|§ 29-3-2. Release of Debtor When Collection Doubtful

 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 $15,000.00 or less.    (Code 1981, §29-3-2, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-3-4 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 1 - Property|§ 29-3-4. Disqualifications of Conservator

 No person may be appointed or continue to serve as conservator of a minor who:    Is a minor, a ward, or a protected person; or   Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the minor's best interest.     (Code 1981, §29-3-4, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, § 46 et seq.   C.J.S.   - 57 C.J.S., Mental Health, § 135 et seq.
GA Code § 29-3-5 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 1 - Property|§ 29-3-5. Nomination of Testamentary Conservator; No Notice, Bond, or Security Required; Rights, Powers, and Duties

  Every parent, by will, may nominate a testamentary conservator for the parent's minor child for the property that passes to the minor under the parent's will.   Upon probate of the will, letters of conservatorship shall be issued to the individual nominated in the parent's will who shall serve as testamentary conservator without notice or hearing.   A testamentary conservator shall not be required to give bond and security on the property that passes to the minor under the parent's will, except in the case of waste committed or apprehended, in which case the court may require a bond and security. If the testamentary conservator fails to give bond as required, the court may dismiss the conservator and appoint another conservator. If property accrues or has accrued to the minor from sources other than the parent's will, the court may appoint a different conservator for such property or may appoint the testamentary conservator for such property and require the testamentary conservator to give bond for the property thus accruing.   In all other respects a testamentary conservator shall have the same rights, powers, and duties as other conservators appointed by the court.     (Code 1981, §29-3-5, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)   Cross references.   - Disability of minors with regard to disposal of property generally, § 1-2-8.    Amount of bond required from guardian of property in probate proceedings, § 53-7-34 (Pre-1998 Probate Code).   Law reviews.   - For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 66 Mercer L. Rev. 231 (2014).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Bond    RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, § 11 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 5 et seq., 10 et seq., 20 et seq.   ALR.    - Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.    Power of parent to appoint testamentary guardian for adult imbecile child, 24 A.L.R. 1458.    Validity of statute precluding alien from acting as guardian, 39 A.L.R. 943.    Liability of attorney for loss or waste of funds of minor, 62 A.L.R. 910.   Function, power, and discretion of court where there is testamentary appointment of guardian of minor, 67 A.L.R.2d 803.
GA Code § 29-3-6 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 1 - Property|§ 29-3-6. Power to Appoint Conservator

  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.   If a nonresident minor has property in this state, the judge of the court of the county in which the property is located may appoint a conservator who shall have control only over such property.     (Code 1981, §29-3-6, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 6/SB 534.)   Cross references.   - Jurisdiction of courts to appoint guardian of child, § 15-11-6.    Appointment of guardian ad litem in probate proceedings, § 53-3-19 (Pre-1998 Probate Code).    Provision that surviving spouse under 18 years may take share of estate without intervention of guardian, § 53-4-2(3) (Pre-1998 Probate Code).   Law reviews.   - For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972). For article, "Wills, Trusts & Administration of Estates," see 53 Mercer L. Rev. 499 (2001).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Ward's Right to Select   Jurisdiction    RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 15 et seq., 26 et seq., 31 et seq., 54 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 10 et seq.   ALR.    - 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.    Guardianship of incompetent or infant as affecting venue of action, 111 A.L.R. 167.   Consideration and weight of religious affiliations in appointment or removal of guardian for minor child, 22 A.L.R.2d 696.   Right of infant to select his own guardian, 85 A.L.R.2d 921.   Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.
GA Code § 29-3-9 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 1 - Property|§ 29-3-9. Hearing

 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, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 52 et seq., 59 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 33 et seq.   ALR.    - Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.    Necessity and sufficiency of notice to alleged incompetent of application for appointment of guardian or committee, 23 A.L.R. 594.   Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.
GA Code § 29-3-20 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 2 - Rights of Minor and Obligations of Conservator|§ 29-3-20. Rights of Minor; Effect on Testamentary Capacity

  In every conservatorship, the minor has the right to:   A qualified conservator who acts in the best interest of the minor;   A conservator who is reasonably accessible to the minor;   Have the minor's property utilized as necessary to provide adequately for the minor's support, care, education, health, and welfare; and   Individually or through the minor's representative or legal counsel, bring an action relating to the conservatorship.     The appointment of a conservator is not a determination that an individual who is 14 years of age or older lacks testamentary capacity.     (Code 1981, §29-3-20, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-3-23 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 2 - Rights of Minor and Obligations of Conservator|§ 29-3-23. Rights of Conservator to Property; Disclosure of Conflicts of Interest

  The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property.   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 seek the court's determination as to whether the conflict is insubstantial or whether it is in the best interest of the minor for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the minor, the conservator may either resign or forfeit the property interest that is the source of the conflict.   A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse, descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.     (Code 1981, §29-3-23, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 99 et seq., 205 et seq.   C.J.S.   - 57 C.J.S., Mental Health, § 135 et seq.
GA Code § 29-3-24 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 2 - Rights of Minor and Obligations of Conservator|§ 29-3-24. Oath of Conservator

 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 oath or affirmation of a conservator may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the conservator 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, §29-3-24, 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.
GA Code § 29-3-30 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 3 - Property Obligations of Conservator|§ 29-3-30. Inventory of Minor's Property; Plan for Managing, Expending, and Distributing Minor's Property

  Within two months of appointment, the conservator shall file with the court and provide to the minor's guardian, if any, an inventory of the minor's property and a plan for managing, expending, and distributing the property.   The inventory shall describe all the assets and liabilities of the minor and shall include a list of all the personal and real property owned by the minor and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the minor which are known to the conservator.   The plan for managing, expending, and distributing the minor's property must be based on the actual needs of the minor and take into consideration the best interest of the minor. The conservator shall include in the plan projections for expenses and resources and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.     (Code 1981, §29-3-30, enacted by Ga. L. 2004, p. 161, § 1.)   Cross references.   - Administrator's duty to file inventory, § 53-7-75 (Pre-1998 Probate Code).   JUDICIAL DECISIONS    Cited in Head v. Head, 234 Ga. App. 469, 507 S.E.2d 214 (1998); Graves v. Brown, 237 Ga. App. 589, 516 S.E.2d 324 (1999).   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 84, 210 et seq.
GA Code § 29-3-31 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 3 - Conservators of Minors|Article 3 - Property Obligations of Conservator|§ 29-3-31. Retention of Property or Securities; Exchange or Conversion of Assets

  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 not be liable for the retention, except for gross neglect. In the case of corporate securities, the conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities.   In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing, and whether or not any of the corporations own assets identical or similar to the assets of or carry on business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary.     (Code 1981, §29-3-31, enacted by Ga. L. 2004, p. 161, § 1.)