reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 1 - CONSERVATORS (§§ 29-5-1 — 29-5-5) › Section 29-5-1 - Conservator for adults; best interest of the adult; no presumption of need for conservator; objective of conservatorship

(a)
The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property.
(b)
No conservator, except a conservator appointed under paragraph (2) of subsection (a) of Code Section
29-11-13
or a conservator for the estate of an individual who is missing or who is believed to be dead, shall be appointed for any adult except pursuant to the procedures of this chapter.
(c)
No conservator shall be appointed for an adult unless the appointment is in the best interest of the adult.
(d)
No conservator shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a conservator for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
(e)
(1)
No adult shall be presumed to be in need of a conservator unless:
(A)
He or she has been adjudicated to be in need of a conservator pursuant to this chapter; or
(B)
The court has recognized another state's determination of a protected person's incapacity and the appointment of a conservator as provided in subsection (g) of Code Section
29-11-21
.
(2)
An adult shall not be presumed to be in need of a conservator solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A)
Code Section
37-1-1
;
(B)
Code Sections
37-3-1
through
37-3-6
;
(C)
Articles 2 through 6 of Chapter 3 of Title 37;
(D)
Code Sections
37-4-1
through
37-4-3
and
37-4-5
through
37-4-8
;
(E)
Articles 2 through 5 of Chapter 4 of Title 37;
(F)
Code Section
37-5-3
;
(G)
Code Sections
37-7-1
,
37-7-2
, and
37-7-4
through
37-7-7
; and
(H)
Articles 2 through 6 of Chapter 7 of Title 37.
(f)
All conservatorships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult's actual and adaptive limitations after a determination that less restrictive alternatives to the conservatorship are not available or appropriate.
Amended by 2019 Ga. Laws 233,§ 13, eff. 1/1/2020.
Former § 29-5-1 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 1 - CONSERVATORS (§§ 29-5-1 — 29-5-5) › Section 29-5-2 - Qualifications of conservator of adult

No person may be appointed or continue to serve as conservator of the estate of an adult who:
(1)
Is a minor, a ward, or a protected person;
(2)
Who has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the adult's best interest; or
(3)
Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.
Former § 29-5-2 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 1 - CONSERVATORS (§§ 29-5-1 — 29-5-5) › Section 29-5-4 - Affidavit on property or value of estate; payment, transfer, or delivery pursuant to affidavit

(a)
Upon receiving an affidavit:
(1)
That the total personal property of an incapacitated adult does not exceed $2,500.00 in value;
(2)
That no conservator has been appointed for the incapacitated adult's estate; and
(3)
That the affiant is the spouse or that there is no spouse and the affiant is a relative having the responsibility of the support of the incapacitated adult,
any person or corporation indebted to or holding personal property of the incapacitated adult shall be authorized to pay the amount of the indebtedness or deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the incapacitated adult and shall not be required to see to the application or disposition of the personal property.
(b)
The person making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose of the personal property for the benefit of the incapacitated adult in the person's judgment as may be just and proper.
Former § 29-5-4 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 1 - CONSERVATORS (§§ 29-5-1 — 29-5-5) › Section 29-5-5 - et seq - [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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 2 - APPOINTMENT (§§ 29-5-10 — 29-5-17) › Section 29-5-13 - Requirements of order granting conservatorship; service; obligation of legal counsel; filing of certificate of conservatorship with court

(a)
The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting conservatorship shall specify:
(1)
The name of the conservator and the basis for the selection;
(2)
Any powers retained by the ward pursuant to Code Section
29-5-21
;
(3)
The limitations on the conservatorship;
(4)
A specific listing of any additional powers which are granted to the conservator as set forth in subsections (b) and (c) of Code Section
29-5-23
;
(5)
If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be furnished to the guardian to provide adequately for the ward's support, care, education, health, and welfare, subject to modification by subsequent order of the court;
(6)
If the ward has an interest in real property, the name of the county in which the real property is located; and
(7)
Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the ward, stating the reasons therefor.
(b)
Service of the court's order shall be made by first-class mail upon the ward, the ward's legal counsel, the guardian ad litem, if any, the conservator, the petitioner, and other persons designated for service of the petition for conservatorship.
(c)
After service of an order granting a conservatorship, the ward's legal counsel shall make reasonable efforts to explain to the ward the order of conservatorship and the ward's rights under the order.
(d)
In any case involving the appointment of a conservator, if the ward has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the ward owns real property, to be recorded in the deed records of the county and indexed under the name of the ward in the grantor index. The certificate shall set forth the name of the ward, the expiration date of the conservatorship, if limited by court order, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.
Former § 29-5-13 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 2 - APPOINTMENT (§§ 29-5-10 — 29-5-17) › Section 29-5-16 - Emergency conservatorship hearing; limitations on powers of emergency conservator

(a)
The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days.
(b)
If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency conservatorship; provided, however, that:
(1)
Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward;
(2)
The court may order the emergency conservator to make any report the court requires; and
(3)
The emergency conservatorship shall terminate on the earliest of:
(A)
The court's removal of the emergency conservator, with or without cause;
(B)
The effective date of the appointment of a conservator;
(C)
Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator;
(D)
The date specified for the termination in the order appointing the emergency conservator; or
(E)
Sixty days from the date of appointment of the emergency 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 2 - APPOINTMENT (§§ 29-5-10 — 29-5-17) › Section 29-5-17 - [Repealed]

Repealed and reserved by 2019 Ga. Laws 233,§ 16, eff. 1/1/2020.
Added by 2006 Ga. Laws 766,§ 14, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 3 - RIGHTS OF WARD (§§ 29-5-20 — 29-5-25) › Section 29-5-20 - Rights of adult ward; impact on right to vote or testamentary capacity

(a)
In every conservatorship the ward has the right to:
(1)
A qualified conservator who acts in the best interest of the ward;
(2)
A conservator who is reasonably accessible to the ward;
(3)
Have the ward's property utilized as necessary to provide adequately for the ward's support, care, education, health, and welfare;
(4)
Communicate freely and privately with persons other than the conservator, except as otherwise ordered by a court of competent jurisdiction;
(5)
Individually, or through the ward's representative or legal counsel, bring an action relating to the conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections
29-5-71
and
29-5-72
;
(6)
The least restrictive form of conservatorship, taking into consideration the ward's functional limitations, personal needs, and preferences; and
(7)
Be restored to capacity at the earliest possible time.
(b)
The appointment of a conservator is not a determination regarding the right of the ward to vote.
(c)
The appointment of a conservator is not a determination that the ward 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 3 - RIGHTS OF WARD (§§ 29-5-20 — 29-5-25) › Section 29-5-21 - Rights and powers removed from ward

(a)
Unless the court's order specifies that one or more of the following powers are to be retained by the ward, the appointment of a conservator shall remove from the ward the power to:
(1)
Make, modify, or terminate contracts, other than the power to contract marriage;
(2)
To buy, sell, or otherwise dispose of or encumber property;
(3)
Enter into or conduct other business or commercial transactions;
(4)
Revoke a revocable trust established by the ward; and
(5)
Bring or defend any action at law or equity, except an action relating to the conservatorship.
(b)
The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the ward's agent under a durable power of attorney for health care, health care agent under an advance directive for health care, or mental health care agent under a psychiatric advance directive.
Amended by 2022 Ga. Laws 836,§ 2-8, eff. 7/1/2022.
Amended by 2007 Ga. Laws 48,§ 10, eff. 7/1/2007.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 3 - RIGHTS OF WARD (§§ 29-5-20 — 29-5-25) › Section 29-5-22 - Obligations and liabilities of conservator

(a)
Except as otherwise provided by law or by the court, a conservator shall receive, collect, and make decisions regarding the ward's property. A conservator shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the ability to manage the ward's property. A conservator, in making decisions, shall consider the expressed desires and personal values of the ward which are known to the conservator. A conservator shall at all times act as a fiduciary in the ward's best interest and exercise reasonable care, diligence, and prudence.
(b)
A conservator shall:
(1)
Respect the rights and dignity of the ward;
(2)
Be reasonably accessible to the ward and maintain regular communication with the ward;
(3)
If necessary, petition to have a guardian appointed;
(4)
Endeavor to cooperate with the guardian, if any;
(5)
Provide for the support, care, education, health, and welfare of the ward and persons who are entitled to be supported by the ward, to the extent consistent with the current and future needs and resources of the ward;
(6)
Give such bond as required by Code Section
29-5-40
;
(7)
Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the ward's property and a plan for administering the property, pursuant to the provisions of Code Section
29-5-30
.
(8)
Take into account any estate plan of the ward 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
29-5-60
;
(10)
Promptly notify the court of any change in the ward's condition that in the opinion of the conservator might require modification or termination of the conservatorship;
(11)
Promptly notify the court of any conflict of interest between the ward and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section
29-5-24
; and
(12)
Keep the court informed of the conservator's current address.
(c)
A conservator, solely by reason of the conservator-ward relationship, is not personally liable for:
(1)
The ward's expenses or the expenses of those entitled to be supported by the ward;
(2)
Contracts entered into in the conservator's fiduciary capacity;
(3)
The acts or omissions of the ward;
(4)
Obligations arising from ownership or control of property of the ward; 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 3 - RIGHTS OF WARD (§§ 29-5-20 — 29-5-25) › Section 29-5-24 - Forfeiture of rights by conservator; disclosure of conflicts by conservator; transactions presenting substantial conflict in interests

(a)
The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property.
(b)
The conservator must disclose promptly any conflict of interest between the conservator and the ward when it arises or becomes known to the conservator. The conservator must seek the court's determination as to whether the conflict is insubstantial or whether it is in the best interest of the ward for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the ward, the conservator may either resign or forfeit the property interest that is the source of the conflict.
(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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 3 - RIGHTS OF WARD (§§ 29-5-20 — 29-5-25) › Section 29-5-25 - Oath or affirmation required of conservator

Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 4 - PROTECTION OF PROPERTY (§§ 29-5-30 — 29-5-36) › Section 29-5-30 - Inventory and plan for handling ward's property

(a)
Within two months of appointment, the conservator shall file with the court and provide to the ward's guardian, if any, an inventory of the ward's property and a plan for managing, expending, and distributing the property.
(b)
The inventory shall describe all the assets and liabilities of the ward and shall include a list of all the personal and real property owned by the ward and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the ward known to the conservator.
(c)
The plan for managing, expending, and distributing the ward's property must be based on the actual needs of the ward and take into consideration the best interest of the ward. The conservator shall include in the plan an estimate of the duration of the conservatorship, projections for expenses and resources, and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 4 - PROTECTION OF PROPERTY (§§ 29-5-30 — 29-5-36) › Section 29-5-31 - Retention of property; exchange or conversion of stocks or securities

(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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 4 - PROTECTION OF PROPERTY (§§ 29-5-30 — 29-5-36) › Section 29-5-33 - Holding of investments; corporate fiduciaries

(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
29-5-32
, the conservator may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940,
15 U.S.C. Sections 80a-1
, et seq., so long as:
(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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 4 - PROTECTION OF PROPERTY (§§ 29-5-30 — 29-5-36) › Section 29-5-34 - Prudence required from conservator in making investments; acquisition and retention of property

(a)
After receiving court approval as required in subsections (b) and (c) of Code Section
29-5-23
, in making investments and in acquiring and retaining those investments and managing property of the ward, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator may consider the general economic conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of the ward and those entitled to support from the ward.
(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-1
, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes of the portfolio, the general economy, and the needs of the ward and those entitled to support from the ward as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the ward's portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.
(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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 4 - PROTECTION OF PROPERTY (§§ 29-5-30 — 29-5-36) › Section 29-5-36 - Development of estate plan for ward; appointment of guardian ad litem prior to implementation of plan

(a)
After notice to interested parties and other persons as the court may direct, and upon a showing that the ward will probably remain in need of a conservator throughout the ward's lifetime and that it is in the best interest of the ward, the court may order the conservator to apply such principal or income of the ward as is not required for the support, care, education, health, and welfare of the ward and such individuals who are entitled to support from the ward toward the establishment or continuation of an estate plan for the ward and make transfers of the ward's personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the ward's circumstances would make such transfers and there is no evidence that the ward, if not in need of a conservator, would not adopt such an estate plan.
(b)
Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the ward and shall consider:
(1)
The composition and value of the entire estate of the ward, other known sources of support available to the ward and individuals who are entitled to be supported by the ward, and the income produced thereby;
(2)
The probable expenses for the support, care, education, health, or welfare of the ward and such individuals who are entitled to be supported by the ward for the remainder of the ward's lifetime in the standard of living to which the ward and the other individuals have become accustomed;
(3)
The identity of the proposed transferees and, in particular, whether they are natural objects of the ward's bounty by relationship or prior behavior of the ward;
(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 ward.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-40 - Bond requirement; exception to requirement; recording

(a)
A conservator appointed by the court, including a conservator appointed in a final order accepting the transfer of a conservatorship proceeding from another state issued under subsection (e) of Code Section
29-11-21
, shall give bond with good and sufficient security.
(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 statements signed by 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.
Amended by 2019 Ga. Laws 233,§ 18, 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-41 - Terms of conservator's bond; timing; value; 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 ward;
(3)
Conditioned upon the faithful discharge of the conservator's duty, as such 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)
The bond shall be in a value equal to double the estimated value of the ward'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)
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 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-42 - Reduction in bond

If the value of the ward's bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-43 - Requirement of additional bond or security

(a)
Whenever it comes to the knowledge of the court, either by annual returns or otherwise that:
(1)
Additional personal property has accrued to the ward by descent, gift, or otherwise;
(2)
For any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section
29-5-40
; or
(3)
The bond or security is otherwise insufficient in the judgment of the court,
the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section
29-5-92
.
(b)
When it comes to the knowledge of the court that the surety on the conservator's bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear and give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section
29-5-92
.
(c)
With respect to any bond filed with a conservatorship order from another state that has been registered with and recorded by the court under Code Section
29-11-31
, in addition to any action the court may take under this article or under subsection (b) of Code Section
29-11-32
, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section
29-11-4
to inform such appointing court of the insufficiency of such bond under subsection (a) or (b) of this Code section, stating the reasons therefor.
Amended by 2019 Ga. Laws 233,§ 19, 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-44 - Payment of bond premium

(a)
A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate.
(b)
When the guardian is required to give bond pursuant to Code Section
29-4-30
, the conservator shall, upon the request of the guardian, pay any bond premium from the estate.
Amended by 2019 Ga. Laws 233,§ 20, 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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-45 - Liability of surety in event conservatorship is void

If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond for any property received by the conservator.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-46 - Joint and several liability of conservator and surety

The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator's representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person's representative capacity.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-47 - Levy upon property; writs of execution

(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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-48 - Order of levy against property

In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-49 - Discharge of surety from obligations under bond; reporting

(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 his or her desire for any reason to be relieved as surety. The death of a surety shall be a sufficient ground for the discharge of the surety from future liability.
(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 require the conservator to give new and sufficient security or be removed.
(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 ward if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up until the time of the settlement with the new conservator or the ward.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 5 - CONSERVATOR'S BOND (§§ 29-5-40 — 29-5-49.1) › Section 29-5-49.1 - Communication with other states on conservatorship

With respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section
29-11-31
, in addition to any action such court of this state may take under this article or under subsection (b) of Code Section
29-11-32
, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section
29-11-4
to inform such appointing court of any proceeding relating to the conservatorship initiated in this state under this article, stating the reasons therefor.
Added by 2019 Ga. Laws 233,§ 21, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 6 - COMPENSATION (§§ 29-5-50 — 29-5-54) › Section 29-5-51 - Reimbursement for reasonable expenses

Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservator's commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 6 - COMPENSATION (§§ 29-5-50 — 29-5-54) › Section 29-5-52 - Petition for additional compensation by conservator

(a)
A conservator may petition the court for compensation that is greater than the commissions allowed under Code Section
29-5-50
. Service of notice of the petition for extra compensation shall be made to the ward and to a guardian ad litem appointed for the ward. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any written objections to the petition for extra compensation with the court within ten days from the date of service.
(b)
After hearing any objection filed by or on behalf of the ward, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 6 - COMPENSATION (§§ 29-5-50 — 29-5-54) › Section 29-5-53 - Compensation from corporation or other business entity

(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 ward 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 who are not related to the conservator and provided the contract is approved by the court of the county which has jurisdiction over the conservatorship.
(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
29-5-52
; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate.
(c)
Nothing in this Code section shall prohibit the receipt by a conservator of normal commissions and compensation for the usual services performed by a conservator pursuant to law.
(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 a contract without the necessity of petitioning for extra compensation pursuant to Code Section
29-5-52
.
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 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 6 - COMPENSATION (§§ 29-5-50 — 29-5-54) › Section 29-5-54 - Application for compensation by emergency or temporary substitute conservator; reduction of compensation to conservator

An emergency conservator or temporary substitute conservator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 9 of this title. The court shall award reasonable compensation to an emergency conservator or temporary substitute conservator and such compensation shall be the only compensation or commission paid to the emergency conservator or temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to an emergency conservator or temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions of this article.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.