reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 2 - GUARDIANSHIP APPOINTED (§§ 29-2-65 — 29-2-68) › Section 29-2-65 - "Guardianship" defined; requirements of petition for transfer

(a)
For purposes of this part and Part 3 of this article, the term "guardianship" refers to a legal relationship in which a person is given responsibility by a foreign court for the care of a minor, thereby becoming a guardian.
(b)
A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship 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 guardianship order including:
(A)
All attachments describing the duties and powers of the guardian; and
(B)
All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;
(2)
The address of the foreign court which issued the guardianship order;
(3)
A listing of any other guardianship 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 and the new or proposed 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 person currently serving as guardian;
(8)
The name and address of any person currently acting as 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 conservator, if any; and
(10)
The reason the transfer is in the minor's best interest.
(d)
The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 2 - GUARDIANSHIP APPOINTED (§§ 29-2-65 — 29-2-68) › Section 29-2-67 - Hearing on petition for receipt and acceptance of foreign guardian; stay of proceedings authorized if protest

(a)
On 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 guardian.
(b)
If any interested person challenges the validity of the foreign guardianship or the authority of the foreign court to appoint the guardian, the court may stay its 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 2 - GUARDIANSHIP APPOINTED (§§ 29-2-65 — 29-2-68) › Section 29-2-68 - Required findings of court prior to acceptance of foreign guardianship; orderly transfer; right to petition for guardianship remains

(a)
The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
(1)
The guardian is presently in good standing with the foreign court; and
(2)
The transfer of the guardianship from the foreign jurisdiction is in the best interest of the minor.
(b)
Subject to subsection (c) 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 guardianship.
(c)
In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, 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 guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction;
(3)
Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or
(4)
Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship.
(d)
The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section
29-2-16
.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 3 - TRANSFER OF GUARDIANSHIP (§§ 29-2-69 — 29-2-73) › Section 29-2-69 - Minor's move to a foreign jurisdiction; presumption of permanent move

(a)
A guardian may petition a court of this state which has jurisdiction over the guardianship to transfer the guardianship 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 guardian 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 guardianship for the minor in the foreign jurisdiction.
(c)
To facilitate the transfer the court may order the guardian to file a petition for receipt and acceptance of the guardianship in the foreign jurisdiction.
(d)
If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship 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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 3 - TRANSFER OF GUARDIANSHIP (§§ 29-2-69 — 29-2-73) › Section 29-2-70 - Petition to transfer guardianship

The petition to transfer a guardianship to a foreign jurisdiction shall include the following:
(1)
The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship if previously filed in the foreign court;
(2)
A listing of any other guardianship 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 individual currently serving as guardian;
(7)
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;
(8)
The name and address of the minor's conservator, if any;
(9)
The reason for moving the minor; and
(10)
The reason the transfer of the guardianship is in the minor's best interest.
Former § 29-2-70 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 3 - TRANSFER OF GUARDIANSHIP (§§ 29-2-69 — 29-2-73) › Section 29-2-71 - Notice; requirements

(a)
Notice and a copy of the petition to transfer a guardianship 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 guardianship shall be provided to the foreign court to which the guardianship is to be transferred.
(c)
Notice and a copy of the petition shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the guardianship by this state.
Former § 29-2-71 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 3 - TRANSFER OF GUARDIANSHIP (§§ 29-2-69 — 29-2-73) › Section 29-2-72 - Hearing

On 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 guardianship.
Former § 29-2-72 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 3 - TRANSFER OF GUARDIANSHIP (§§ 29-2-69 — 29-2-73) › Section 29-2-73 - Required finds prior to transfer of guardianship; power of court; orderly and coordinated transfer

(a)
The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that the:
(1)
Guardian is presently in good standing with the court; and
(2)
Transfer of the guardianship 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 guardianship 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 guardianship have been performed; and
(2)
Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A)
The initial petition for guardianship and other filings relevant to the appointment of the guardian;
(B)
Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship;
(C)
Reports of physical and mental health practitioners describing the condition of the minor; and
(D)
Periodic status reports on the condition of the minor.
(c)
As necessary to coordinate the transfer of the guardianship, 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 guardianship or appointment of the guardian in the foreign jurisdiction;
(3)
Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(4)
Make other arrangements that in the sound discretion of the court are necessary to transfer the guardianship.
Former § 29-2-73 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 4 - FOREIGN GUARDIAN (§§ 29-2-74 — 29-2-78) › Section 29-2-74 - "Foreign guardian" defined; required filings; bond

(a)
For purposes of this part, the term "foreign guardian" means a guardian 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 a minor and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article.
(b)
Any foreign guardian 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 guardian 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 as guardian of a minor 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 guardianship as provided by law.
Former § 29-2-74 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 4 - FOREIGN GUARDIAN (§§ 29-2-74 — 29-2-78) › Section 29-2-75 - Right of foreign guardian to bring action to enforce rights of minor

A foreign guardian may institute an action in any court in this state to enforce any right or to recover any property belonging to the minor or accruing to the foreign guardian as such.
Former § 29-2-75 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 4 - FOREIGN GUARDIAN (§§ 29-2-74 — 29-2-78) › Section 29-2-76 - Filing of authenticated copy of letters of guardianship

Pending an action brought by a foreign guardian pursuant to Code Section
29-2-75
, an authenticated copy of the letters of guardianship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers if the action is a summary proceeding.
Former § 29-2-76 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 4 - FOREIGN GUARDIAN (§§ 29-2-74 — 29-2-78) › Section 29-2-77 - Submission to jurisdiction by foreign guardian

A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by:
(1)
In this state receiving payment of money or taking delivery of personal property belonging to the minor; or
(2)
Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual.
Former § 29-2-77 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 2 - GUARDIANS OF MINORS (§§ 29-2-1 — 29-2-78) › Article 6 - JURISDICTION (§§ 29-2-60 — 29-2-78) › Part 4 - FOREIGN GUARDIAN (§§ 29-2-74 — 29-2-78) › Section 29-2-78 - through 29-2-85 - [Repealed]

Repealed 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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-1 - "Personal property" defined; natural guardian or next friend must qualify as conservator; exception

(a)
For purposes of this Code section, the term "personal property" does not include the value of property that is held for the minor's benefit in trust or by a custodian under Article 5 of Chapter 5 of Title 44, "The Georgia Transfers to Minors Act."
(b)
The natural guardian or next friend of a minor may not receive the personal property of the minor until the natural guardian or next friend becomes the legally qualified conservator of the minor; provided, however, that when the total value of all personal property of the minor is $25,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property.
(c)
Upon receiving an affidavit:
(1)
That the value of all the personal property of a minor will not exceed $25,000.00 in value;
(2)
That no conservator has been appointed for the minor's estate; and
(3)
That the affiant is the natural guardian of the minor,
any person indebted to or holding personal property of the minor shall be authorized to pay the amount of the indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the minor and shall not be required to see to the application or disposition of the personal property.
(d)
This Code section shall not authorize a temporary, testamentary, or permanent guardian to receive personal property of the minor unless the guardian becomes the legally qualified conservator of the minor.
Amended by 2022 Ga. Laws 745,§ 1, eff. 5/2/2022.
Former § 29-3-1 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-2 - Release of debtor when collection doubtful

The natural guardian of a minor who has no conservator may release the debtor and compromise a debt when the collection of the debt is doubtful without becoming the conservator of the minor and without such action being approved by the court if the amount of the debt is not more than $25,000.00.
Amended by 2022 Ga. Laws 745,§ 2, eff. 5/2/2022.
Former § 29-3-2 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-4 - Disqualifications of conservator

No person may be appointed or continue to serve as conservator of a minor who:
(1)
Is a minor, a ward, or a protected person; or
(2)
Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the minor's best interest.
Former § 29-3-4 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-5 - Nomination of testamentary conservator; no notice, bond, or security required; rights, powers, and duties

(a)
Every parent, by will, may nominate a testamentary conservator for the parent's minor child for the property that passes to the minor under the parent's will.
(b)
Upon probate of the will, letters of conservatorship shall be issued to the individual nominated in the parent's will who shall serve as testamentary conservator without notice or hearing.
(c)
A testamentary conservator shall not be required to give bond and security on the property that passes to the minor under the parent's will, except in the case of waste committed or apprehended, in which case the court may require a bond and security. If the testamentary conservator fails to give bond as required, the court may dismiss the conservator and appoint another conservator. If property accrues or has accrued to the minor from sources other than the parent's will, the court may appoint a different conservator for such property or may appoint the testamentary conservator for such property and require the testamentary conservator to give bond for the property thus accruing.
(d)
In all other respects a testamentary conservator shall have the same rights, powers, and duties as other conservators appointed by the court.
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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-6 - Power to appoint conservator

(a)
The court of the county in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the minor.
(b)
If a nonresident minor has property in this state, the judge of the court of the county in which the property is located may appoint a conservator who shall have control only over such property.
Amended by 2006 Ga. Laws 766,§ 6, eff. 7/1/2006.
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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-7 - Preference among individuals for appointment of conservator; court's ability to ignore preference for best interest of minor

(a)
The court shall appoint as conservator that person who shall best serve the interest of the minor considering the following order of preferences:
(1)
The individual who is the preference of a minor who is 14 years of age or older;
(2)
The nearest adult relative of the minor as set forth in Code Section
53-2-1
;
(3)
Other adult relatives of the minor;
(4)
Other adults who are related to the minor by marriage;
(5)
A person who was designated in writing by a minor's natural guardian in a notarized document or document witnessed by two or more persons;
(6)
A person who has provided care or support for the minor or with whom the minor has lived; or
(7)
The county guardian.
(b)
The court may disregard an individual who has preference and appoint a person who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.
Amended by 2011 Ga. Laws 245,§ 29, eff. 5/13/2011.
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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-9 - Hearing

Upon the filing of a petition for the appointment of a conservator of a minor and the giving of notice, the court may hold a hearing and the standard for determination for all matters at issue shall be the best interest of 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 1 - PROPERTY (§§ 29-3-1 — 29-3-10) › Section 29-3-10 - Requirements of order granting conservatorship; required filing of certificate

(a)
An order granting conservatorship shall specify:
(1)
The name of the conservator and the basis for the selection;
(2)
A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section
29-3-22
that are granted to the conservator;
(3)
If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be provided to the guardian to provide adequately for the minor's support, care, education, health, and welfare, subject to modification by subsequent order of the court;
(4)
If the minor has an interest in real property, the name of the county in which the real property is located; and
(5)
Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the minor, stating the reasons therefor.
(b)
In any case involving the appointment of a conservator, if the minor has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the minor owns real property, which shall be recorded in the deed records of the county and indexed under the name of the minor in the grantor index. The certificate shall set forth the name of the minor, the expiration date of the conservatorship, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.
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 2 - RIGHTS OF MINOR AND OBLIGATIONS OF CONSERVATOR (§§ 29-3-20 — 29-3-24) › Section 29-3-20 - Rights of minor; effect on testamentary capacity

(a)
In every conservatorship, the minor has the right to:
(1)
A qualified conservator who acts in the best interest of the minor;
(2)
A conservator who is reasonably accessible to the minor;
(3)
Have the minor's property utilized as necessary to provide adequately for the minor's support, care, education, health, and welfare; and
(4)
Individually or through the minor's representative or legal counsel, bring an action relating to the conservatorship.
(b)
The appointment of a conservator is not a determination that an individual who is 14 years of age or older lacks testamentary 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 2 - RIGHTS OF MINOR AND OBLIGATIONS OF CONSERVATOR (§§ 29-3-20 — 29-3-24) › Section 29-3-21 - Obligations of conservator; liability of conservator

(a)
A conservator shall receive, collect, and make decisions regarding the minor's property, except as otherwise provided by law or by the court. A conservator shall at all times act as a fiduciary in the minor's best interest and exercise reasonable care, diligence, and prudence.
(b)
A conservator shall:
(1)
Respect the rights and dignity of the minor;
(2)
Be reasonably accessible to the minor and maintain regular communication with the minor;
(3)
Petition to have a guardian appointed if necessary;
(4)
Endeavor to cooperate with the guardian, if any;
(5)
Provide for the support, care, education, health, and welfare of the minor, considering available resources;
(6)
Give such bond as required by Code Section
29-3-40
;
(7)
Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the minor's property and a plan for administering the property, pursuant to the provisions of Code Section
29-3-30
;
(8)
Take into account any estate plan of the minor known to the conservator in the administration of the conservatorship;
(9)
Keep accurate records including adequate supporting data and file annual returns as required by Code Section
29-3-60
;
(10)
Promptly notify the court of any conflict of interest between the minor and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section
29-3-23
;
(11)
Keep the court informed of the conservator's current address; and
(12)
Act promptly to terminate the conservatorship when the minor reaches the age of majority.
(c)
A conservator, solely by reason of the conservator-minor relationship, is not personally liable for:
(1)
The minor's expenses;
(2)
Contracts entered into in the conservator's fiduciary capacity;
(3)
The acts or omissions of the minor;
(4)
Obligations arising from ownership or control of property of the minor; or
(5)
Other acts or omissions occurring in the course 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 2 - RIGHTS OF MINOR AND OBLIGATIONS OF CONSERVATOR (§§ 29-3-20 — 29-3-24) › Section 29-3-23 - Rights of conservator to property; disclosure of conflicts of interest

(a)
The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property.
(b)
The conservator must promptly disclose any conflict of interest between the conservator and the minor when it arises or becomes known to the conservator and seek the court's determination as to whether the conflict is insubstantial or whether it is in the best interest of the minor for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the minor, the conservator may either resign or forfeit the property interest that is the source of the conflict.
(c)
A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse, descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.
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 2 - RIGHTS OF MINOR AND OBLIGATIONS OF CONSERVATOR (§§ 29-3-20 — 29-3-24) › Section 29-3-24 - Oath of conservator

Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.
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 3 - PROPERTY OBLIGATIONS OF CONSERVATOR (§§ 29-3-30 — 29-3-36) › Section 29-3-30 - Inventory of minor's property; plan for managing, expending, and distributing minor's property

(a)
Within two months of appointment, the conservator shall file with the court and provide to the minor's guardian, if any, an inventory of the minor's property and a plan for managing, expending, and distributing the property.
(b)
The inventory shall describe all the assets and liabilities of the minor and shall include a list of all the personal and real property owned by the minor and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the minor which are known to the conservator.
(c)
The plan for managing, expending, and distributing the minor's property must be based on the actual needs of the minor and take into consideration the best interest of the minor. The conservator shall include in the plan projections for expenses and resources and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.
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 3 - PROPERTY OBLIGATIONS OF CONSERVATOR (§§ 29-3-30 — 29-3-36) › Section 29-3-31 - Retention of property or securities; exchange or conversion of assets

(a)
A conservator may retain the property received by the conservator on the creation of the conservatorship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for the retention, except for gross neglect. In the case of corporate securities, the conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities.
(b)
In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing, and whether or not any of the corporations own assets identical or similar to the assets of or carry on business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary.
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 3 - PROPERTY OBLIGATIONS OF CONSERVATOR (§§ 29-3-30 — 29-3-36) › Section 29-3-33 - Investment in securities; open-end or closed-end management type investments; conflicts of interest

(a)
Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section
29-3-32
, the conservator may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940,
15 U.S.C. Sections 80a-1
, et seq., so long as:
(1)
The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;
(2)
Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and
(3)
Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.
(b)
The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.
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 3 - PROPERTY OBLIGATIONS OF CONSERVATOR (§§ 29-3-30 — 29-3-36) › Section 29-3-34 - Investment decisions must coincide with those of a prudent person; acquiring and retention of assets

(a)
After receiving court approval as required in subsection (b) or (c) of Code Section
29-3-22
, in making investments and in acquiring and retaining those investments and managing property of the minor, 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 minor.
(b)
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
-l, 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 minor 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 minor'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.
(c)
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.
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 3 - PROPERTY OBLIGATIONS OF CONSERVATOR (§§ 29-3-30 — 29-3-36) › Section 29-3-36 - Estate plan for minor; appointment of guardian ad litem; considerations prior to property transfer

(a)
After notice to interested parties and other persons as the court may direct, and upon a showing that the minor shall probably remain in need of a conservator throughout the minor's lifetime and that it is in the best interest of the minor, the court may order the conservator to apply such principal or income of the minor as is not required for the support, care, education, health, and welfare of the minor toward the establishment or continuation of an estate plan for the minor and make transfers of the minor's personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the minor's circumstances would make such transfers and there is no evidence that the minor, if not in need of a conservator, would not adopt such an estate plan.
(b)
Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the minor and shall consider:
(1)
The composition and value of the entire estate of the minor, other known sources of support available to the minor, and the income produced thereby;
(2)
The probable expenses for the support, care, education, health, or welfare of the minor for the remainder of the minor's lifetime in the standard of living to which the minor has become accustomed;
(3)
The identity of the proposed transferees and, in particular, whether they are natural objects of the minor's bounty by relationship or prior behavior of the minor;
(4)
The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; and
(5)
Any previous history or predisposition toward making similar transfers by the minor.
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 4 - BONDING OF CONSERVATORS (§§ 29-3-40 — 29-3-49) › Section 29-3-40 - Bond required; exception; recording of bonds

(a)
A conservator appointed by the court shall give bond with good and sufficient security.
(b)
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 statement filed with the Comptroller of the Currency of the United States or the commissioner of banking and finance.
(c)
The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
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 29-3-41 - Requirements of bond; term and value of bond; appointment without bond; substantial compliance sufficient

(a)
The bond of a conservator shall be:
(1)
Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state;
(2)
Payable to the court for the benefit of the minor;
(3)
Conditioned upon the faithful discharge of the conservator's duty, as is required by law; and
(4)
Attested by the judge or clerk of the court.
(b)
The court may order a conservator who is required to give bond to post bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds.
(c)
Except as provided in subsection (d) of this Code section, the bond shall be in a value equal to double the estimated value of the minor's estate; provided, however, that the bond shall be in an amount equal to the estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon but, upon conversion of the real property into personal property, a bond shall be given based upon the value of the estate, including the value of the personal property into which the real property was converted.
(d)
When the assets of the estate consist of only one or more choses in action of indeterminate value, no bond shall be required until the value of any such chose in action is able to be determined by settlement or judgment, whereupon bond shall be set in an amount to be determined in accordance with subsection (c) of this Code section; provided, however, that a conservator appointed without bond pursuant to this subsection shall have no authority to receive assets of the minor's estate other than a chose or choses in action until such conservator has posted bond in accordance with this Code section. As used in this subsection, the term "chose in action" shall have the same meaning as provided in Article 2 of Chapter 12 of Title 44.
(e)
Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciary's duty as such has been proved.
Amended by 2022 Ga. Laws 745,§ 5, eff. 5/2/2022.
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 29-3-42 - Reduction of bond

If the value of the minor'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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.