reglab/housing_qa huggingface dataset:
GA Code § 29-5-34 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 4 - Protection of Property Interests|§ 29-5-34. Prudence Required From Conservator in Making Investments; Acquisition and Retention of Property

  After receiving court approval as required in subsections (b) and (c) of Code Section 29-5-23, in making investments and in acquiring and retaining those investments and managing property of the ward, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator may consider the general economic conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of the ward and those entitled to support from the ward.   Within the limitations of the standard provided in subsection (a) of this Code section and with prior approval by the court in accordance with Code Section 29-5-23, a conservator is authorized to acquire and retain every kind of property, including real, personal, or mixed and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes of the portfolio, the general economy, and the needs of the ward and those entitled to support from the ward as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the ward's portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.   A conservator that is a financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate 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, §29-5-34, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-36 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 4 - Protection of Property Interests|§ 29-5-36. Development of Estate Plan for Ward; Appointment of Guardian Ad Litem Prior to Implementation of Plan

  After notice to interested parties and other persons as the court may direct, and upon a showing that the ward will probably remain in need of a conservator throughout the ward's lifetime and that it is in the best interest of the ward, the court may order the conservator to apply such principal or income of the ward as is not required for the support, care, education, health, and welfare of the ward and such individuals who are entitled to support from the ward toward the establishment or continuation of an estate plan for the ward and make transfers of the ward's personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the ward's circumstances would make such transfers and there is no evidence that the ward, if not in need of a conservator, would not adopt such an estate plan.   Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the ward and shall consider:   The composition and value of the entire estate of the ward, other known sources of support available to the ward and individuals who are entitled to be supported by the ward, and the income produced thereby;   The probable expenses for the support, care, education, health, or welfare of the ward and such individuals who are entitled to be supported by the ward for the remainder of the ward's lifetime in the standard of living to which the ward and the other individuals have become accustomed;   The identity of the proposed transferees and, in particular, whether they are natural objects of the ward's bounty by relationship or prior behavior of the ward;   The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; and   Any previous history or predisposition toward making similar transfers by the ward.       (Code 1981, §29-5-36, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)   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 69 Mercer L. Rev. 341 (2017).
GA Code § 29-5-40 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-40. Bond Requirement; Exception to Requirement; Recording

  A conservator appointed by the court, including a conservator appointed in a final order accepting the transfer of a conservatorship proceeding from another state issued under subsection (e) of Code Section 29-11-21, shall give bond with good and sufficient security.   A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statements signed by the Comptroller of the Currency of the United States or the commissioner of banking and finance.   The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.     (Code 1981, §29-5-40, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 18/HB 70.)    The 2019 amendment,  effective January 1, 2020, inserted ", including a conservator appointed in a final order accepting the transfer of a conservatorship proceeding from another state issued under subsection (e) of Code Section 29-11-21," in subsection (a).
GA Code § 29-5-42 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-42. Reduction in Bond

 If the value of the ward's bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.    (Code 1981, §29-5-42, enacted by Ga. L. 2004, p. 161, § 1.)   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.    Official bond of executor, administrator, guardian, or trustee as covering appeal taken by him, 132 A.L.R. 1280.
GA Code § 29-5-43 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-43. Requirement of Additional Bond or Security

  Whenever it comes to the knowledge of the court, either by annual returns or otherwise that:   Additional personal property has accrued to the ward by descent, gift, or otherwise;   For any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-5-40; or   The bond or security is otherwise insufficient in the judgment of the court,  the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-92.      When it comes to the knowledge of the court that the surety on the conservator's bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear and give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-92.   With respect to any bond filed with a conservatorship order from another state that has been registered with and recorded by the court under Code Section 29-11-31, in addition to any action the court may take under this article 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 the insufficiency of such bond under subsection (a) or (b) of this Code section, stating the reasons therefor.     (Code 1981, §29-5-43, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 19/HB 70.)    The 2019 amendment,  effective January 1, 2020, substituted "29-5-92" for "29-5-102" at the end of subsection (b) and added subsection (c).   RESEARCH REFERENCES   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.
GA Code § 29-5-44 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-44. Payment of Bond Premium

  A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate.   When the guardian is required to give bond pursuant to Code Section 29-4-30, the conservator shall, upon the request of the guardian, pay any bond premium from the estate.     (Code 1981, §29-5-44, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 20/HB 70.)    The 2019 amendment,  effective January 1, 2020, inserted ", upon the request of the guardian," in subsection (b).   Cross references.   - Time limitation on bringing of actions against guardians, § 9-3-27.    Statute of limitations for prosecution for conversion by guardian of property of ward, § 17-3-2.   RESEARCH REFERENCES   ALR.    - Liability of guardian for loss of funds deposited in bank in form which discloses trust or fiduciary character, 90 A.L.R. 641.
GA Code § 29-5-45 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-45. Liability of Surety in Event Conservatorship Is Void

 If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond for any property received by the conservator.    (Code 1981, §29-5-45, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, § 283 et seq.
GA Code § 29-5-46 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-46. Joint and Several Liability of Conservator and Surety

 The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator's representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person's representative capacity.    (Code 1981, §29-5-46, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-47 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-47. Levy Upon Property; Writs of Execution

  When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa.   The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment of the judgment by the surety.     (Code 1981, §29-5-47, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 201, 241, 242, 283 et seq.
GA Code § 29-5-48 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-48. Order of Levy Against Property

 In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety.    (Code 1981, §29-5-48, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 201, 241, 242, 283 et seq.
GA Code § 29-5-49 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-49. Discharge of Surety From Obligations Under Bond; Reporting

  The surety on the bond of any conservator or, if the surety is dead, the surety's personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the conservator's trust or to show the court his or her desire for any reason to be relieved as surety. The death of a surety shall be a sufficient ground for the discharge of the surety from future liability.   Upon a petition by the surety or the surety's personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and require the conservator to give new and sufficient security or be removed.   If new security is given, the discharged surety shall be discharged only from liability for future misconduct of the conservator from the time the new security is given. The new surety shall be liable for past as well as future misconduct of the conservator.   If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the ward if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up until the time of the settlement with the new conservator or the ward.     (Code 1981, §29-5-49, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)   Cross references.   - Requiring guardian to give other security or be discharged on application of ward's relative or on court's own motion, § 29-4-15.   Law reviews.   - For annual survey article on wills, trusts and administration of estates, see 50 Mercer L. Rev. 381 (1998).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Liabilities of Discharged and Second Surety    RESEARCH REFERENCES   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 293 et seq., 304 et seq.   ALR.    - Liability of attorney for loss or waste of funds of minor, 62 A.L.R. 910.
GA Code § 29-5-49.1 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 5 - Conservator's Bond and Other Obligations|§ 29-5-49.1. Communication With Other States on Conservatorship

 With respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31, in addition to any action such court of this state may take under this article 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 proceeding relating to the conservatorship initiated in this state under this article, stating the reasons therefor.    (Code 1981, §29-5-49.1, enacted by Ga. L. 2019, p. 693, § 21/HB 70.)
GA Code § 29-5-51 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 6 - Compensation of Conservators|§ 29-5-51. Reimbursement for Reasonable Expenses

 Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservator's commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.    (Code 1981, §29-5-51, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)
GA Code § 29-5-52 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 6 - Compensation of Conservators|§ 29-5-52. Petition for Additional Compensation by Conservator

  A conservator may petition the court for compensation that is greater than the commissions allowed under Code Section 29-5-50. Service of notice of the petition for extra compensation shall be made to the ward and to a guardian ad litem appointed for the ward. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any written objections to the petition for extra compensation with the court within ten days from the date of service.   After hearing any objection filed by or on behalf of the ward, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.     (Code 1981, §29-5-52, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-53 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 6 - Compensation of Conservators|§ 29-5-53. Compensation From Corporation or Other Business Entity

  Any conservator who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the ward owns an interest in the corporation or other business enterprise, provided that:   The services furnished by the conservator to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;   The compensation received for the services is reasonable; and   The services are performed and the conservator is paid pursuant to a contract executed by the conservator and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the conservator and who are not related to the conservator and provided the contract is approved by the court of the county which has jurisdiction over the conservatorship.     Any conservator receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 29-5-52; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate.   Nothing in this Code section shall prohibit the receipt by a conservator of normal commissions and compensation for the usual services performed by a conservator pursuant to law.   The purpose of this Code section is to enable additional compensation to be paid to a conservator for business management and advisory services to corporations and business enterprises pursuant to a contract without the necessity of petitioning for extra compensation pursuant to Code Section 29-5-52.     (Code 1981, §29-5-53, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-54 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 6 - Compensation of Conservators|§ 29-5-54. Application for Compensation by Emergency or Temporary Substitute Conservator; Reduction of Compensation to Conservator

 An emergency conservator or temporary substitute conservator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 9 of this title. The court shall award reasonable compensation to an emergency conservator or temporary substitute conservator and such compensation shall be the only compensation or commission paid to the emergency conservator or temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to an emergency conservator or temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions of this article.    (Code 1981, §29-5-54, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-61 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 7 - Return and Settlement of Accounts|§ 29-5-61. Interim Settlement of Accounts

  At any time after the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court for an interim settlement of accounts. The court shall appoint a guardian ad litem for the ward upon the filing of the petition for an interim settlement of accounts.   The petition for an interim settlement of accounts shall be accompanied by a report which shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:   The period which the report covers;   The name and address of the ward, the name and address of the ward's guardian, if any, and the name of the surety on the conservator's bond, with the amount of the bond; and   Such other facts as the court may require.     The court, upon the petition for an interim settlement of accounts being filed, shall issue a citation and shall require any objections to be filed in accordance with Chapter 9 of this title. The ward and the guardian ad litem shall be served personally, and the ward's guardian, if any, and the surety of the conservator's bond shall be served by first-class mail.     (Code 1981, §29-5-61, enacted by Ga. L. 2004, p. 161, § 1.)