reglab/housing_qa huggingface dataset:
GA Code § 29-4-30 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 4 - Requirement of Guardian|§ 29-4-30. Bond; Recording of Bond; Payment of Bond Premium

    A guardian, including a guardian appointed in a final order accepting the transfer of a guardianship proceeding from another state issued under subsection (e) of Code Section 29-11-21, may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.   With respect to a guardianship order from another state that has been registered with and recorded by the court under Code Section 29-11-30, in addition to any action the court may take under paragraph (1) of this subsection or under subsection (b) of Code Section 29-11-32, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of any action relating to a bond of such guardian, stating the reasons therefor.     The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.   If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state, the bond premium shall, upon the request of the guardian, be paid from the estate of the ward.     (Code 1981, §29-4-30, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2019, p. 693, § 10/HB 70.)    The 2019 amendment,  effective January 1, 2020, substituted the present provisions of subsection (a) for the former provisions, which read: "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."; and substituted "shall, upon the request of the guardian, be paid from the estate of the ward" for "may be paid as part of the cost of administration" in subsection (c).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 67, 188 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 13, 14, 35, 36, 50 et seq., 283 et seq.   ALR.    - Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.    Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.    Official bond of executor, administrator, guardian, or trustee as covering appeal taken by him, 132 A.L.R. 1280.
GA Code § 29-4-40 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 5 - Review and Termination of Guardianship|§ 29-4-40. Inquiry Into Unjust Denial of Rights or Privileges of Ward

  Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, if any, and the ward's conservator, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.   No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.     (Code 1981, §29-4-40, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, § 185 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 80 et seq., 255 et seq.   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 § 29-4-42 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 5 - Review and Termination of Guardianship|§ 29-4-42. Termination of Guardianship; Required Evidence; Burden of Proof; Return of Property

  Upon the petition of any interested person, including the ward, or upon the court's own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and property rights to the ward. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal counsel, if any, and the ward's conservator, if any. The court shall appoint legal counsel for the ward and may, in its discretion, appoint a guardian ad litem.   A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate.   In any proceeding under this Code section, the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the guardianship.   No petition for termination of a guardianship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the guardianship unless the petitioner shows a significant change in the condition or circumstances of the ward.   The death of the ward automatically terminates the guardianship, except as otherwise provided in Code Section 29-4-43.   Upon termination of the guardianship, the guardian shall deliver any money or property to the ward or, if a conservator has been appointed for the ward, to that conservator or, if the ward is deceased, to the ward's personal representative.     (Code 1981, §29-4-42, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   C.J.S.   - 57 C.J.S., Mental Health, § 180 et seq.   ALR.    - Jurisdiction of court after adjudication of restoration to competency, as regards claims against former incompetent, 128 A.L.R. 1386.
GA Code § 29-4-43 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 5 - Review and Termination of Guardianship|§ 29-4-43. Petition of Guardian for Dismissal; Order of Dismissal

  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 annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of Code Section 29-4-22. 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 shall not be less than 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 guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. An order dismissing the guardian shall not bar an action against the guardian.     (Code 1981, §29-4-43, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, § 41 et seq.   ALR.    - Rate of interest chargeable against guardians, executors or administrators, and trustees, 112 A.L.R. 833; 156 A.L.R. 936.   Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757.   Guardian's position as joint tenant of or successor to property in ward's estate as raising conflict of interest, 69 A.L.R.3d 1198.
GA Code § 29-4-50 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 6 - Alternative or Successor Guardians|§ 29-4-50. Resignation of Guardian; Required Showing; Alternative Guardian; Individuals Entitled to Notice; Hearing

  A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:   The guardian is unable to continue serving due to age, illness, infirmity, or other good cause;   Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;   Disagreement exists between the ward and the guardian or between the guardian and the conservator in respect of the guardian's care of the ward, which disagreement and conflict appear to be detrimental to the ward;   The resignation of the guardian will result in or permit substantial financial benefit to the ward; or   The resignation would not be disadvantageous to the ward.     The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.   The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward's legal counsel. Service shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian:   The spouse of the ward; and   All adult children of the ward; or   If there is no adult child, then at least two adults in the following order of priority:   Lineal descendants of the ward;   Parents and siblings of the ward; and   Friends of the ward.       If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-4-61 and accepting the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property of the ward held by the guardian.     (Code 1981, §29-4-50, 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, § 79 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 35, 36, 41 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 § 29-4-51 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 6 - Alternative or Successor Guardians|§ 29-4-51. Appointment of Successor Guardian; Notice to Interested Individuals; Hearing; Order

  In the event of the death of a guardian, and upon the petition of an interested person or on the court's own motion, the court shall appoint a successor guardian. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward's legal counsel. Notice shall be given by first-class mail to the conservator of the ward, if any, the personal representative of the deceased guardian, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:   The spouse of the ward; and   All adult children of the ward; or   If there is no adult child, then at least two adults in the following order of priority:   Lineal descendants of the ward;   Parents and siblings of the ward; and   Friends of the ward.       After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 29-4-61, requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the ward held by the guardian.     (Code 1981, §29-4-51, enacted by Ga. L. 2004, p. 161, § 1.)   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 § 29-4-52 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 6 - Alternative or Successor Guardians|§ 29-4-52. Revocation or Suspension of Guardianship; Investigation; Impact on Other Proceedings

  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 a guardian or to impose sanctions, the court shall cite the guardian 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 guardian for the ward during the investigation.   Upon investigation, the court may, in the court's discretion:   Revoke or suspend the guardian's letters;   Require additional security;   Reduce or deny compensation to the guardian or impose any other sanction or sanctions as the court deems appropriate; and   Issue any other order as in the court's judgment is appropriate under the circumstances of the case.     The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian. The successor guardian shall be made a party to the action against the guardian in the manner provided in Code Section 9-11-25.     (Code 1981, §29-4-52, enacted by Ga. L. 2004, p. 161, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2004, "the guardian. The" was substituted for "the guardian The" in subsection (c).
GA Code § 29-4-53 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 6 - Alternative or Successor Guardians|§ 29-4-53. Breach of Fiduciary Duty by Guardian

  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:   Recover damages;   Compel performance of the guardian's duties;   Enjoin the commission of a breach of fiduciary duty; or   Compel the redress of a breach of fiduciary duty by payment of money or otherwise.     When the ward'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, §29-4-53, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 162 et seq., 205 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 4, 78, 80, 81, 255, 256.   ALR.    - 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 § 29-4-54 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 6 - Alternative or Successor Guardians|§ 29-4-54. Statute of Limitations

 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.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 169, 197.
GA Code § 29-4-60 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 7 - Temporary Substitute Guardians|§ 29-4-60. Appointment of Temporary Substitute Guardian; Period of Service; Service on Ward; Removal

  Upon its own motion or on the petition of any interested party, including the ward, the court may appoint a temporary substitute guardian for a ward if it appears to the court that the best interest of the ward 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 ward.   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.   Notice of the appointment of a temporary substitute guardian shall be served personally on the ward. 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 ward'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, §29-4-60, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-4-61 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 7 - Temporary Substitute Guardians|§ 29-4-61. Appointment of Successor Guardian and Legal Counsel; Notice to Interested Parties; Hearing

  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 ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-3.   The court shall appoint legal counsel for the ward. 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 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:   The spouse of the ward; and   All adult children of the ward; or   If there is no adult child, then at least two adults in the following order of priority:   Lineal descendants of the ward;   Parents and siblings of the ward; and   Friends of the ward.       After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.     (Code 1981, §29-4-61, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 11/HB 70.)    The 2019 amendment,  effective January 1, 2020, substituted "29-4-3" for "29-4-11" at the end of the second sentence of subsection (a).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 56, 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 § 29-4-62 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 7 - Temporary Substitute Guardians|§ 29-4-62. Delivery of Property and Final Report From Predecessor Guardian

 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 ward held by the guardian and shall submit a final status report covering the period since the guardian's last status report.    (Code 1981, §29-4-62, enacted by Ga. L. 2004, p. 161, § 1.)   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.