reglab/housing_qa huggingface dataset:
GA Code § 29-4-70 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 4 - Guardians of Adults|Article 8 - Appellate Proceedings|§ 29-4-70. Right of Ward to Appeal; Procedure; Appointment of Emergency Guardian

  Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward's legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence.   All rights of appeal from the superior court shall be as provided by law.   The filing of an appeal to the superior court from the judgment of the probate court shall act as a supersedeas.   Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such powers and duties as are described in Code Section 29-4-16; provided, however, that an emergency guardian may be appointed only upon the filing of an affidavit 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 existence of the emergency circumstances described in subsection (d) of Code Section 29-4-14 and after a hearing at which other evidence may be presented. The appointment of an emergency guardian is not appealable.     (Code 1981, §29-4-70, 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 O.C.G.A. § 29-5-11 are included in the annotations for this Code section.   Authority to appoint emergency guardian pending appeal.    - Under former O.C.G.A. § 29-5-11(d), the probate courts which were authorized to hold jury trials under Ga. L. 1986, p. 982, would not be authorized to appoint an emergency guardian pending appeal. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-11).   Payment of costs upon appeal of emergency orders.    - An appeal from those emergency guardianship orders which can be considered "final orders" will act as supersedeas upon payment of the costs by the appellant. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-11).
GA Code § 29-5-2 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 1 - Conservators|§ 29-5-2. Qualifications of Conservator of Adult

 No person may be appointed or continue to serve as conservator of the estate of an adult who:    Is a minor, a ward, or a protected person;   Who has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment clearly 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.     (Code 1981, §29-5-2, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 24 et seq., 46 et seq.   C.J.S.   - 57 C.J.S., Mental Health, § 135 et seq.
GA Code § 29-5-4 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 1 - Conservators|§ 29-5-4. Affidavit on Property or Value of Estate; Payment, Transfer, or Delivery Pursuant to Affidavit

  Upon receiving an affidavit:   That the total personal property of an incapacitated adult does not exceed $2,500.00 in value;   That no conservator has been appointed for the incapacitated adult's estate; and   That the affiant is the spouse or that there is no spouse and the affiant is a relative having the responsibility of the support of the incapacitated adult,  any person or corporation indebted to or holding personal property of the incapacitated adult shall be authorized to pay the amount of the indebtedness or deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the incapacitated adult and shall not be required to see to the application or disposition of the personal property.      The person making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose of the personal property for the benefit of the incapacitated adult in the person's judgment as may be just and proper.     (Code 1981, §29-5-4, 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, § 164 et seq.   C.J.S.   - 57 C.J.S., Mental Health, § 135 et seq.
GA Code § 29-5-13 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 2 - Petition for Appointed Conservator|§ 29-5-13. Requirements of Order Granting Conservatorship; Service; Obligation of Legal Counsel; Filing of Certificate of Conservatorship With Court

  The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting conservatorship shall specify:   The name of the conservator and the basis for the selection;   Any powers retained by the ward pursuant to Code Section 29-5-21;   The limitations on the conservatorship;   A specific listing of any additional powers which are granted to the conservator as set forth in subsections (b) and (c) of Code Section 29-5-23;   If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be furnished to the guardian to provide adequately for the ward's support, care, education, health, and welfare, subject to modification by subsequent order of the court;   If the ward has an interest in real property, the name of the county in which the real property is located; and   Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the ward, stating the reasons therefor.     Service of the court's order shall be made by first-class mail upon the ward, the ward's legal counsel, the guardian ad litem, if any, the conservator, the petitioner, and other persons designated for service of the petition for conservatorship.   After service of an order granting a conservatorship, the ward's legal counsel shall make reasonable efforts to explain to the ward the order of conservatorship and the ward's rights under the order.   In any case involving the appointment of a conservator, if the ward has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the ward owns real property, to be recorded in the deed records of the county and indexed under the name of the ward in the grantor index. The certificate shall set forth the name of the ward, the expiration date of the conservatorship, if limited by court order, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.     (Code 1981, §29-5-13, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-16 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 2 - Petition for Appointed Conservator|§ 29-5-16. Emergency Conservatorship Hearing; Limitations on Powers of Emergency Conservator

  The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days.   If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency conservatorship; provided, however, that:   Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward;   The court may order the emergency conservator to make any report the court requires; and   The emergency conservatorship shall terminate on the earliest of:   The court's removal of the emergency conservator, with or without cause;   The effective date of the appointment of a conservator;   Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator;   The date specified for the termination in the order appointing the emergency conservator; or   Sixty days from the date of appointment of the emergency conservator.         (Code 1981, §29-5-16, 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 O.C.G.A. § 29-5-8 are included in the annotations for this Code section.   Right to jury trial.    - If the appointment of an emergency guardian under former O.C.G.A. § 29-5-8 is only for that period of time pending the outcome either of the emergency guardianship hearing or the permanent guardianship hearing, the order would not be final or appealable to a jury in superior court, and hence would not be subject to Ga. L. 1986, p. 982, affecting procedures before the probate court in certain counties; on the other hand, if the petition before the probate court sought only an emergency guardian for a period not to exceed 45 days, as in a situation where immediate surgical or other medical consent was required for a seriously ill person proposed to be a ward, an order granting such a petition, which would leave nothing further to be decided by the probate court, would be final, appealable to a superior court jury, and hence would be a "civil case" under the 1986 Act, giving a party a right to demand a jury trial. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-8).
GA Code § 29-5-17 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 2 - Petition for Appointed Conservator|§ 29-5-17. Responsibility for Paying Expenses of Any Hearing

 Repealed by Ga. L. 2019, p. 693, § 16/HB 70, effective January 1, 2020.   Editor's notes.   - This Code section was based on Ga. L. 2006, p. 805, § 14/SB 534.
GA Code § 29-5-20 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 3 - Rights and Responsibilities of Ward|§ 29-5-20. Rights of Adult Ward; Impact on Right to Vote or Testamentary Capacity

  In every conservatorship the ward has the right to:   A qualified conservator who acts in the best interest of the ward;   A conservator who is reasonably accessible to the ward;   Have the ward's property utilized as necessary to provide adequately for the ward's support, care, education, health, and welfare;   Communicate freely and privately with persons other than the conservator, 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 conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72;   The least restrictive form of conservatorship, 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 conservator is not a determination regarding the right of the ward to vote.   The appointment of a conservator is not a determination that the ward lacks testamentary capacity.     (Code 1981, §29-5-20, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-24 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 3 - Rights and Responsibilities of Ward|§ 29-5-24. Forfeiture of Rights by Conservator; Disclosure of Conflicts by Conservator; Transactions Presenting Substantial Conflict in Interests

  The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property.   The conservator must disclose promptly any conflict of interest between the conservator and the ward when it arises or becomes known to the conservator. The conservator must seek the court's determination as to whether the conflict is insubstantial or whether it is in the best interest of the ward 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 ward, 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, §29-5-24, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-25 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 3 - Rights and Responsibilities of Ward|§ 29-5-25. Oath or Affirmation Required 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, §29-5-25, 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.
GA Code § 29-5-30 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 4 - Protection of Property Interests|§ 29-5-30. Inventory and Plan for Handling Ward's Property

  Within two months of appointment, the conservator shall file with the court and provide to the ward's guardian, if any, an inventory of the ward's property and a plan for managing, expending, and distributing the property.   The inventory shall describe all the assets and liabilities of the ward and shall include a list of all the personal and real property owned by the ward 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 ward known to the conservator.   The plan for managing, expending, and distributing the ward's property must be based on the actual needs of the ward and take into consideration the best interest of the ward. The conservator shall include in the plan an estimate of the duration of the conservatorship, 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, §29-5-30, enacted by Ga. L. 2004, p. 161, § 1.)   Cross references.   - Administrator's duty to file inventory, § 53-7-75 (Pre-1998 Probate Code).   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 84, 210 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.
GA Code § 29-5-31 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 4 - Protection of Property Interests|§ 29-5-31. Retention of Property; Exchange or Conversion of Stocks or Securities

  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, §29-5-31, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-33 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 4 - Protection of Property Interests|§ 29-5-33. Holding of Investments; Corporate Fiduciaries

  Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 29-5-32, the conservator may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq., so long as:   The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;   Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and   Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.     The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.     (Code 1981, §29-5-33, enacted by Ga. L. 2004, p. 161, § 1.)