reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-43 - Requirement of additional bond; notice in event of sureties deficiencies; revocation of letters of conservatorship

(a)
When it comes to the attention of the court, either by annual return or otherwise:
(1)
That additional personal property has accrued to the minor by descent, gift, or otherwise or that 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
29-3-40
; or
(2)
That 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
29-3-82
.
(b)
When it comes to the attention 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 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
29-3-82
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-44 - Payment of bond premium

(a)
A conservator who is required to give bond, and who has given as security on such bond one or more licensed commercial sureties, may pay any bond premium from the estate.
(b)
When the guardian is required to give bond pursuant to Code Section
29-2-25
, the conservator shall, upon the request of the guardian, pay any bond premium from the estate.
Amended by 2019 Ga. Laws 233,§ 4, eff. 1/1/2020.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-45 - Responsibility of surety in event appointment of conservator 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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-46 - Joint and several obligation

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 such 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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-47 - Levy upon property authorized; writ of execution authorized

(a)
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.
(b)
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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-48 - Levy upon surety then conservator

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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-49 - Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement

(a)
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 its 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.
(b)
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 requiring the conservator to give new and sufficient security or be removed as conservator.
(c)
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.
(d)
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 minor 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 to the time of the settlement with the new conservator or the minor.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 5 - COMPENSATION OF CONSERVATORS (§§ 29-3-50 — 29-3-54) › Section 29-3-51 - Allowance 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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 5 - COMPENSATION OF CONSERVATORS (§§ 29-3-50 — 29-3-54) › Section 29-3-52 - Petition for larger compensation; procedural requirements

(a)
A conservator may petition the court for compensation that is greater than that allowed under Code Section
29-3-50
. Service of notice of the petition for extra compensation shall be made to the minor and to a guardian ad litem appointed for the minor. 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.
(b)
After hearing any objection filed by or on behalf of the minor, 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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 5 - COMPENSATION OF CONSERVATORS (§§ 29-3-50 — 29-3-54) › Section 29-3-53 - Compensation from corporation or business enterprise; effect of compensation; purpose of provisions

(a)
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 minor owns an interest in the corporation or other business enterprise, provided that:
(1)
The services furnished by the conservator to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;
(2)
The compensation received for the services is reasonable; and
(3)
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 are not related to the conservator and provided the contract is approved by the court of the county which has jurisdiction over the conservatorship.
(b)
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
29-3-52
; 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.
(c)
Nothing in this Code section shall prohibit the receipt by conservators of normal commissions and compensation for the usual services performed by conservators pursuant to law.
(d)
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 contract, without the necessity of petitioning for extra compensation pursuant to Code Section
29-3-52
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 5 - COMPENSATION OF CONSERVATORS (§§ 29-3-50 — 29-3-54) › Section 29-3-54 - Compensation of temporary substitute conservator; reduction of conservator's compensation

A 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 a temporary substitute conservator and such compensation shall be the only compensation or commission paid to the temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to a temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions of this article.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 6 - ACCOUNTING FOR ASSETS (§§ 29-3-60 — 29-3-64) › Section 29-3-61 - Interim settlement of accounts; reporting and requirements of report; procedure for objecting

(a)
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 minor upon the filing of the petition for interim settlement.
(b)
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:
(1)
The period which the report covers;
(2)
The name and address of the minor, the name and address of the minor's guardian, if any, and the name of the surety on the conservator's bond, with the amount of the bond; and
(3)
Such other facts as the court may require.
(c)
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 minor and the guardian ad litem shall be served personally, and the minor's guardian, if any, and the surety of the conservator's bond shall be served by first-class mail.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 6 - ACCOUNTING FOR ASSETS (§§ 29-3-60 — 29-3-64) › Section 29-3-62 - Objections to conservator's interim settlement of accounts; hearing

Any interested person may file an objection to the conservator's interim settlement of accounts. Upon receipt of objections or on 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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 6 - ACCOUNTING FOR ASSETS (§§ 29-3-60 — 29-3-64) › Section 29-3-63 - Judgment against conservator and surety

If the court finds that the conservator is liable to the minor, the court shall enter a judgment against the conservator and any surety in the amount of such liability.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 6 - ACCOUNTING FOR ASSETS (§§ 29-3-60 — 29-3-64) › Section 29-3-64 - Termination of conservatorship

(a)
The conservatorship of a minor shall terminate either on the date upon which the minor reaches 18 years of age or earlier if the minor becomes emancipated. Proof of emancipation shall be filed with the court; and, where the court deems appropriate, the court may order a hearing on the issue of termination.
(b)
Within six months prior to the date the minor reaches 18 years of age, the conservator or any other interested person may file a petition for the appointment of a conservator for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 5 of this title, to take effect on the date the minor reaches 18 years of age.
(c)
The death of the minor automatically terminates the conservatorship, but the conservator or the conservator's personal representative must comply with the provisions in Code Section
29-3-70
.
(d)
Upon termination of the conservatorship, the conservator shall deliver any money or property to the former minor or, if a conservator has been appointed for the former minor, to that conservator, or, if the minor is deceased, to the minor's personal representative.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 7 - TERMINATION OF CONSERVATORSHIP (§§ 29-3-70 — 29-3-71) › Section 29-3-70 - Petition for order of dismissal of conservatorship; final return; notice; order of dismissal

(a)
Upon the termination of the conservatorship or upon 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 last 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
29-3-60
. 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 date shall not be less then 30 days from the date of publication. The court shall examine any objections filed.
(b)
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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 8 - SUCCESSOR CONSERVATORS (§§ 29-3-80 — 29-3-84) › Section 29-3-80 - Required showing for resignation of conservator; name of suitable alternate required; notice; order appointing successor conservator

(a)
A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator acting on behalf of the conservator may resign upon petition to the court showing to the satisfaction of the court that:
(1)
The conservator is unable to continue serving due to age, illness, infirmity, or other good cause;
(2)
Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator;
(3)
Disagreement exists between the minor and the conservator or between the guardian and the conservator in respect to the conservator's management of the minor's property, which disagreement and conflict appear to be detrimental to the minor;
(4)
The resignation of the conservator will result in or permit substantial financial benefit to the minor; or
(5)
The resignation would not be disadvantageous to the minor.
(b)
The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.
(c)
Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the guardian of the minor, if any, the surety on the conservator's bond, and to the following relatives of the minor who are persons other than the resigning conservator or the proposed successor conservator:
(1)
Any parent of the minor whose parental rights have not been terminated;
(2)
If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(3)
If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(4)
If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section
53-2-1
.
(d)
If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section
29-3-91
and shall accept the conservator's resignation, subject to the resigning conservator turning over to the successor conservator all property of the minor held by the conservator.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 8 - SUCCESSOR CONSERVATORS (§§ 29-3-80 — 29-3-84) › Section 29-3-81 - Individuals entitled to notice; appointment of successor conservator; turning over of property

(a)
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 notify the minor and a guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail to the guardian of the minor, if any, the surety on the conservator's bond, the personal representative of the deceased conservator, if any, and, in the following order of preference, to the following relatives of the minor who are persons other than the proposed successor conservator:
(1)
Any parent of the minor whose parental rights have not been terminated;
(2)
If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(3)
If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(4)
If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section
53-2-1
.
(b)
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
29-3-91
and require the personal representative of the deceased conservator to turn over to the successor conservator all property of the minor held by the conservator.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 8 - SUCCESSOR CONSERVATORS (§§ 29-3-80 — 29-3-84) › Section 29-3-82 - Suspension of conservatorship or imposition of sanctions; power of court; liability of conservator

(a)
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 to administer the minor's property during the investigation.
(b)
Upon investigation the court may in its discretion:
(1)
Revoke or suspend the letters of conservatorship;
(2)
Require additional security;
(3)
Require the conservator to appear and submit to a settlement of accounts following the procedure as set forth in Code Section
29-3-71
, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;
(4)
Reduce or deny compensation to the conservator or impose such other sanction or sanctions as the court deems appropriate; and
(5)
Issue such other orders which the court deems appropriate under the circumstances of the case.
(c)
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
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 8 - SUCCESSOR CONSERVATORS (§§ 29-3-80 — 29-3-84) › Section 29-3-83 - Cause of action for breach of conservator's duties; remedies available to minor

(a)
If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate:
(1)
To recover damages;
(2)
To compel performance of the conservator's duties;
(3)
To enjoin the commission of a breach of fiduciary duty; or
(4)
To compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b)
When the minor's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.
(c)
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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 8 - SUCCESSOR CONSERVATORS (§§ 29-3-80 — 29-3-84) › Section 29-3-84 - 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 minor, except as provided in Code Section
9-3-90
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 9 - TEMPORARY SUBSTITUTE CONSERVATORS (§§ 29-3-90 — 29-3-92) › Section 29-3-90 - Appointment of temporary substitute conservator; length of appointment; powers; notice; removal

(a)
Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute conservator for a minor if it appears to the court that the best interest of the minor requires immediate action.
(b)
The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days.
(c)
The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest of the minor.
(d)
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.
(e)
Notice of the appointment of a temporary substitute conservator shall be served personally on the minor. 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 minor's guardian, if any.
(f)
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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 9 - TEMPORARY SUBSTITUTE CONSERVATORS (§§ 29-3-90 — 29-3-92) › Section 29-3-91 - Appointment of successor conservator; notice; hearing and bond requirements

(a)
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 minor. The court shall select the successor conservator in the manner provided in Code Section
29-3-7
.
(b)
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
29-3-80
and
29-3-81
. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any, and to the following relatives of the minor, in the following order of preference, who are persons other than the proposed successor conservator:
(1)
Any parent of the minor whose parental rights have not been terminated;
(2)
If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(3)
If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(4)
If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section
53-2-1
.
(c)
After any hearing the court deems appropriate, the court shall enter an order appointing the successor conservator and require that bond be posted in the amount set forth in Code Section
29-3-40
.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 9 - TEMPORARY SUBSTITUTE CONSERVATORS (§§ 29-3-90 — 29-3-92) › Section 29-3-92 - Delivery of property; annual return; liability of surety

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 minor 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 minor's property up to the time of the receipt of all of the minor's property by the successor conservator.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 1 - GENERAL PROVISIONS (§ 29-3-100) › Section 29-3-100 - Petition for removal to jurisdiction where minor resides; appointment of guardian ad litem; bond; authority; liability of surety; retention of jurisdiction by initial court

(a)
A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the minor resides.
(b)
Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the minor.
(c)
Before the removal of the conservatorship to another county in this state, the conservator must give bond and good security to the court of such county as if the conservator had been first appointed by that court and a certificate to this effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the county to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship.
(d)
Following removal of a conservatorship to another county in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the conservator as if the conservator had been first appointed in that county, and every case growing out of or affecting the conservatorship shall be heard and tried only in the county to which the conservatorship has been removed.
(e)
The sureties on the conservator's first bond shall be liable only for misconduct of the conservator up until the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator.
(f)
The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a conservator shall retain jurisdiction of such matters even though the conservatorship has been removed to another county.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 2 - PROCEDURE (§§ 29-3-105 — 29-3-108) › Section 29-3-105 - "Conservatorship" defined; petition for transfer of jurisdiction; requirements of petition

(a)
For purposes of this part and Part 3 of this article, the term "conservatorship" refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of a minor, thereby becoming a conservator.
(b)
A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the minor resides or may reside.
(c)
The petition shall include the following:
(1)
An authenticated copy of the foreign conservatorship order, including:
(A)
All attachments describing the duties and powers of the conservator; and
(B)
All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;
(2)
The address of the foreign court which issued the conservatorship order;
(3)
A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(4)
The petitioner's name, address, and county of domicile;
(5)
The name, age, and current address of the minor;
(6)
The names and current addresses of the adult siblings of the minor, if any;
(7)
The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving;
(8)
The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
(9)
The name and address of the minor's guardian, if any;
(10)
The name and address of the surety on the conservator's bond;
(11)
The reason the transfer is in the minor's best interest; and
(12)
To the extent known to the petitioner, a statement of the location and estimated value of the minor's property and the source and amount of any anticipated income or receipts.
(d)
The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 2 - PROCEDURE (§§ 29-3-105 — 29-3-108) › Section 29-3-107 - Hearing

(a)
Upon the court's own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign conservator.
(b)
If any interested person challenges the validity of the foreign conservator or the authority of the foreign court to appoint the conservator, the court may stay this proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 2 - PROCEDURE (§§ 29-3-105 — 29-3-108) › Section 29-3-108 - Required findings prior to granting foreign conservatorship; inventory; applicable law; orderly transfer

(a)
The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:
(1)
The conservator is presently in good standing with the foreign court; and
(2)
The transfer of the conservatorship from the foreign jurisdiction is in the best interest of the minor.
(b)
The court may require the conservator to file an inventory of the minor's property at the time of the transfer from the foreign jurisdiction.
(c)
Subject to subsection (d) of this Code section, at all times following the entry of the order accepting the guardianship, the laws of the State of Georgia shall apply to the conservatorship.
(d)
In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1)
Delay the effective date of the receipt and acceptance for a reasonable period of time;
(2)
Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction;
(3)
Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or
(4)
Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the conservatorship.
(e)
The denial of a petition for receipt and acceptance of the foreign conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section
29-3-8
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 3 - JURISDICTION (§§ 29-3-110 — 29-3-114) › Section 29-3-110 - Transfer of jurisdiction in event minor has permanently moved; determining minor's residential status; filings

(a)
A conservator may petition the Georgia court which has jurisdiction over the conservatorship to transfer the conservatorship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction.
(b)
The minor may be presumed to have moved permanently to the foreign jurisdiction if:
(1)
The minor has resided in the foreign jurisdiction for more than 12 consecutive months;
(2)
The conservator notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or
(3)
A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the minor in the foreign jurisdiction.
(c)
To facilitate the transfer of conservatorship the court may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction.
(d)
If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 3 - JURISDICTION (§§ 29-3-110 — 29-3-114) › Section 29-3-111 - Requirements of petition to transfer conservatorship

The petition to transfer a conservatorship to a foreign jurisdiction shall include the following:
(1)
The name and address of the foreign court to which the conservatorship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign conservatorship if previously filed in the foreign court;
(2)
A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(3)
The petitioner's name, address, and county of domicile;
(4)
The name, age, and current address of the minor and the new or proposed address of the minor;
(5)
The names and current addresses of the adult siblings of the minor, if any;
(6)
The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving;
(7)
The name and address of the minor's guardian, if any;
(8)
The name and address of the surety on the conservator's bond;
(9)
The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
(10)
The reason for moving the minor; and
(11)
The reason the transfer of the conservatorship is in the minor's best interest.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 3 - JURISDICTION (§§ 29-3-110 — 29-3-114) › Section 29-3-112 - Notice

(a)
Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state:
(1)
The date that the hearing shall be held; and
(2)
That the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the receipt and acceptance of the guardianship.
(b)
Notice and a copy of the petition to transfer the conservatorship shall be provided to the foreign court to which the conservatorship is to be transferred.
(c)
Notice and a copy of the petition to transfer the conservatorship shall be mailed to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the conservatorship by this state.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 3 - JURISDICTION (§§ 29-3-110 — 29-3-114) › Section 29-3-113 - Hearing

Upon the court's own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition to transfer the conservatorship.
Amended by 2005 Ga. Laws 19,§ 29, eff. 4/7/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 3 - JURISDICTION (§§ 29-3-110 — 29-3-114) › Section 29-3-114 - Required findings prior to granting petition to transfer; orderly and coordinated transfer of conservatorship

(a)
The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:
(1)
The conservator is presently in good standing with the court; and
(2)
The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the minor.
(b)
In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1)
Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed;
(2)
Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A)
The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(B)
Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;
(C)
Reports of physical or mental health practitioners describing the condition of the minor; and
(D)
Periodic status reports on the condition of the minor and the minor's assets; and
(3)
Require the conservator to file an inventory of the minor's property at the time of the transfer to the foreign jurisdiction.
(c)
As necessary to coordinate the transfer of the conservatorship the court is authorized to:
(1)
Delay the effective date of the transfer for a reasonable period of time;
(2)
Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction;
(3)
Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
(4)
Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 3 - CONSERVATORS OF MINORS (§§ 29-3-1 — 29-3-120) › Article 10 - FOREIGN CONSERVATORSHIPS (§§ 29-3-100 — 29-3-120) › Part 4 - CONSERVATOR (§§ 29-3-115 — 29-3-120) › Section 29-3-115 - "Foreign conservator" defined; sale of minor's property

(a)
For purposes of this part, a "foreign conservator" is a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of a minor and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article.
(b)
Any foreign conservator of a minor who resides in any other state and who is authorized to sell and convey property of the minor may sell property of the minor which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the conservatorship, as provided by law.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.