reglab/housing_qa huggingface dataset:
GA Code § 29-5-62 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 7 - Return and Settlement of Accounts|§ 29-5-62. Objection and Hearings on Interim Settlement Issues

 Any interested person may file an objection to the conservator's interim settlement of accounts. Upon receipt of objections or upon the court's own motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.    (Code 1981, §29-5-62, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-63 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 7 - Return and Settlement of Accounts|§ 29-5-63. Judgments Against Conservator and Surety

 If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability.    (Code 1981, §29-5-63, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-70 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 8 - Modification and Termination of Conservatorship|§ 29-5-70. Proceedings When Allegations That Ward Denied Right or Privilege

  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 conservator, the ward's legal counsel, if any, and the ward's guardian, 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, §29-5-70, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-80 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 9 - Dismissal of Conservator|§ 29-5-80. Petition for Dismissal of Conservator; Final Return; Notice; Order Dismissing Conservator

  Upon the termination of the conservatorship or the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the latest annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section 29-5-60. 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 conservator from office is appropriate, the court shall enter an order dismissing the conservator from office. Such order shall not bar an action against the conservator or the conservator's surety.     (Code 1981, §29-5-80, enacted by Ga. L. 2004, p. 161, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2004, "less than 30 days" was substituted for "less then 30 days" in the fourth sentence in subsection (a).   JUDICIAL DECISIONS   Liability for punitive damages.    - Conservator's bond pursuant to O.C.G.A. § 29-5-40 et seq. does not cover punitive damages. In re Estate of Gladstone, 303 Ga. 547, 814 S.E.2d 1 (2018).    Judgment that a conservator's bond covered punitive damages even though such damages were not expressly provided for under O.C.G.A. § 29-5-40 et seq. or under the provisions of the bond itself was reversed because a conservator's bond pursuant to § 29-5-40 et seq. does not cover punitive damages. In re Estate of Gladstone, 303 Ga. 547, 814 S.E.2d 1 (2018).   Notice by publication.    - Constructive notice by publication of a conservator's petition for final settlement and discharge from the conservatorship under O.C.G.A. §§ 29-5-80(a) and29-5-81(b) did not violate the due process rights of a child of the ward who stood to benefit from the ward's will; the child did not have a legally protected interest in the discharge proceedings. Ray v. Stewart, 287 Ga. 789, 700 S.E.2d 367 (2010).
GA Code § 29-5-81 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 9 - Dismissal of Conservator|§ 29-5-81. Final Settlement; Appearance by Ward or Successor Conservator; Return of Property

  A ward who has been restored to capacity, the personal representative of a deceased ward, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservator's personal representative to appear and submit to a final settlement of the conservator's accounts. Alternatively, the court on its own motion may issue such an order. The settlement period shall begin from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. If the conservator fails or refuses to appear as cited, the court may proceed without the appearance of the conservator. If the conservator has been required to give bond, the surety on the bond shall be bound by the settlement if the surety is given notice by first-class mail of the settlement proceeding.   A conservator, a former conservator, the conservator of a conservator, or the personal representative of a deceased conservator shall be allowed to cite the ward, the ward's personal representative, or a successor conservator to appear and be present at a final settlement of the conservator's accounts and discharge from liability in the manner provided in this Code section. The settlement period shall begin with the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. Notice by first-class mail of the settlement proceeding must be given to the surety on the conservator's bond and to the ward's guardian, if any. If the ward has not been restored to capacity or if the conservator is the ward's personal representative, the court shall appoint a guardian ad litem for the ward who shall be served personally.   Upon the return of a notice referred to in subsections (a) and (b) of this Code section, the court shall proceed to examine all returns and accounts of the conservator during the settlement period and to hear any objection to the settlement and discharge.   The court shall order any property in the hands of the conservator to be delivered to the ward, the ward's personal representative, or to the successor conservator and shall issue a judgment, writ of fieri facias, and execution thereon for any sums found to be due from the conservator. If the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.     (Code 1981, §29-5-81, 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.   - 39 C.J.S., Guardian and Ward, § 210 et seq.   ALR.   - Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.
GA Code § 29-5-91 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 10 - Removal of Conservator for Other Reasons|§ 29-5-91. Death of Conservator; Notice to Interested Individuals; Order Appointing Successor Conservator

  In the event of the death of a conservator and upon the petition of an interested person or upon the court's own motion, the court shall appoint a successor conservator. 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 guardian of the ward, if any, the surety on the conservator's bond, the personal representative of the deceased conservator, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:   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 conservator in accordance with the provisions of Code Section 29-5-101 and requiring the personal representative of the deceased conservator to turn over to the successor conservator all property of the ward held by the conservator.     (Code 1981, §29-5-91, 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 § 29-5-92 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 10 - Removal of Conservator for Other Reasons|§ 29-5-92. Conservator Required to Answer Charges; Authority of Court; Effect 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 conservatorship or to impose sanctions, the court shall cite the conservator 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 conservator to take possession of and administer the ward's property during the investigation.   Upon investigation, the court may, in its discretion:   Revoke or suspend the letters of conservatorship;   Require additional security;   Require the conservator to appear and submit to a settlement of accounts following the procedure set forth in Code Section 29-5-81, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;   Reduce or deny compensation to the conservator or impose any other sanction or sanctions as the court deems appropriate; and   Issue such other orders as in the court's judgment are appropriate under the circumstances of the case.     The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.     (Code 1981, §29-5-92, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-93 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 10 - Removal of Conservator for Other Reasons|§ 29-5-93. Cause of Action for Breach of Fiduciary Duty

  If a conservator 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;   To compel performance of the conservator'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 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, §29-5-93, 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.   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 § 29-5-94 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 10 - Removal of Conservator for Other Reasons|§ 29-5-94. Statute of Limitations

 All actions against a conservator, except on a conservator's bond, shall be brought within six years of the termination of the conservatorship of the ward, except as provided in Code Section 9-3-90.    (Code 1981, §29-5-94, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-100 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 11 - Temporary Substitute Conservator|§ 29-5-100. Appointment of Temporary Substitute Conservator; Period of Service; Powers and Authority; Notice; Removal

  Upon its own motion or upon the petition of any interested party, including the ward, the court may appoint a temporary substitute conservator for a ward if it appears to the court that the best interest of the ward requires immediate action.   The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days.   The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest of the ward.   Except as otherwise ordered by the court, a temporary substitute conservator has the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority.   Notice of the appointment of a temporary substitute conservator shall be served personally on the ward. Notice of the appointment shall be served personally on the previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the ward's guardian, if any.   The court may remove the temporary substitute conservator at any time. A temporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator.     (Code 1981, §29-5-100, enacted by Ga. L. 2004, p. 161, § 1.)
GA Code § 29-5-101 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 11 - Temporary Substitute Conservator|§ 29-5-101. Appointment of Successor Conservators; Appointment of Legal Counsel; Notice to Interested Individuals; Order Appointing Successor Conservator

  The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the ward. The court shall select the successor conservator in the manner provided in Code Section 29-5-3.   The court shall appoint legal counsel for the ward. In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections 29-5-90 and 29-5-91. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the guardian of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:   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 the successor conservator and requiring that bond be posted in the amount set out in Code Section 29-5-40.     (Code 1981, §29-5-101, enacted by Ga. L. 2004, p. 161, § 1.)   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 § 29-5-102 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 11 - Temporary Substitute Conservator|§ 29-5-102. Delivery of Property by Predecessor Conservator to Successor Conservator; Final Return

 Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the ward held by the conservator and shall submit a final return covering the period since the conservator's last annual return. The surety of the predecessor conservator shall be liable for all acts of the conservator in relation to the ward's property up to the time of the receipt of all of the ward's property by the successor conservator.    (Code 1981, §29-5-102, enacted by Ga. L. 2004, p. 161, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 56, 85.   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 § 29-5-110 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 5 - Conservators of Adults|Article 12 - Appellate Proceedings|§ 29-5-110. Proceedings for Appeal; Appointment of Guardians Ad Litem; Bond and Security Prior to Removal; Liability of Surety of Predecessor Conservator; Jurisdiction

  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 by agreement the parties 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 conservator with powers and duties as are described in Code Section 29-5-16; provided, however, that such emergency conservator 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 29-5-14 and after a hearing at which other evidence may be presented. The appointment of an emergency conservator is not appealable.     (Code 1981, §29-5-110, 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 are authorized to hold jury trials under Ga. L. 1986, p. 982, will 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 § 29-11-1 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 11 - Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act|Article 1 - General Provisions|§ 29-11-1. Short Title

 This chapter shall be known and may be cited as the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act."    (Code 1981, §29-11-1, enacted by Ga. L. 2016, p. 563, § 1/HB 954.)