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 7 - CONSERVATOR'S RETURN AND SETTLEMENT OF ACCOUNTS (§§ 29-5-60 — 29-5-63) › Section 29-5-60 - Verified return required annually; change of reporting period; production of documents; failure to file return

(a)
Each year, within 60 days of the anniversary date of qualification, every conservator shall file with the court a verified return consisting of a statement of the receipts and expenditures of the conservatorship during the year preceding the anniversary date of qualification, an updated inventory consisting of a statement of the assets and liabilities of the estate as of the anniversary date of qualification, an updated plan for managing, expending, and distributing the ward's property, a note or memorandum of any other fact necessary to show the true condition of the estate, and a statement of the current amount of the bond. The conservator shall mail a copy of the return by first-class mail to the surety on the conservator's bond, the ward, and the ward's guardian, if any.
(b)
Upon petition of the conservator or upon the court's own motion, the court may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the court is authorized to accept a return for filing even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the court, unless the court also enters an order changing the reporting date.
(c)
The court shall carefully examine each return of a conservator and, upon petition of any interested person or upon the court's own motion, may require the conservator to produce the original documents that support the return. Except as otherwise provided in this subsection, if no objection is filed within 30 days of the time the return is filed, the court shall record the return within 60 days of its filing. The return shall be kept on file in the court. The recorded return shall be prima-facie evidence of its correctness. If there is an objection to the return or if the court on its own motion determines that the conservator may have wasted the property of the ward or failed in any manner to comply with applicable law, the court shall hold a hearing or take such other action as the court deems appropriate.
(d)
The court shall keep a docket of conservators liable to file returns. Upon the failure of any conservator to file any return by the time frame required by law, the court shall cite the conservator to appear and show reason for the delay. A conservator who fails to file an annual return as required by law shall forfeit all commissions and other compensation for the year within which no return is filed unless otherwise ordered by the court. A willful and continued failure to file a return shall be good cause for removal.
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 7 - CONSERVATOR'S RETURN AND SETTLEMENT OF ACCOUNTS (§§ 29-5-60 — 29-5-63) › Section 29-5-61 - Interim settlement of accounts

(a)
At any time after the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court for an interim settlement of accounts. The court shall appoint a guardian ad litem for the ward upon the filing of the petition for an interim settlement of accounts.
(b)
The petition for an interim settlement of accounts shall be accompanied by a report which shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
(1)
The period which the report covers;
(2)
The name and address of the ward, the name and address of the ward's guardian, if any, and the name of the surety on the conservator's bond, with the amount of the bond; and
(3)
Such other facts as the court may require.
(c)
The court, upon the petition for an interim settlement of accounts being filed, shall issue a citation and shall require any objections to be filed in accordance with Chapter 9 of this title. The ward and the guardian ad litem shall be served personally, and the ward's guardian, if any, and the surety of the conservator's bond shall be served by first-class mail.
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 7 - CONSERVATOR'S RETURN AND SETTLEMENT OF ACCOUNTS (§§ 29-5-60 — 29-5-63) › Section 29-5-62 - Objection and hearings on interim settlement issues

Any interested person may file an objection to the conservator's interim settlement of accounts. Upon receipt of objections or upon the court's own motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.
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 7 - CONSERVATOR'S RETURN AND SETTLEMENT OF ACCOUNTS (§§ 29-5-60 — 29-5-63) › Section 29-5-63 - Judgments against conservator and surety

If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability.
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 8 - MODIFICATION AND TERMINATION (§§ 29-5-70 — 29-5-72) › Section 29-5-70 - Proceedings when allegations that ward denied right or privilege

(a)
Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward's legal counsel, if any, and the ward's guardian, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.
(b)
No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.
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 9 - DISMISSAL (§§ 29-5-80 — 29-5-81) › Section 29-5-80 - Petition for dismissal of conservator; final return; notice; order dismissing conservator

(a)
Upon the termination of the conservatorship or the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the latest annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section
29-5-60
. Notice shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed.
(b)
If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the conservator from office is appropriate, the court shall enter an order dismissing the conservator from office. Such order shall not bar an action against the conservator or the conservator's surety.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 9 - DISMISSAL (§§ 29-5-80 — 29-5-81) › Section 29-5-81 - Final settlement; appearance by ward or successor conservator; return of property

(a)
A ward who has been restored to capacity, the personal representative of a deceased ward, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservator's personal representative to appear and submit to a final settlement of the conservator's accounts. Alternatively, the court on its own motion may issue such an order. The settlement period shall begin from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. If the conservator fails or refuses to appear as cited, the court may proceed without the appearance of the conservator. If the conservator has been required to give bond, the surety on the bond shall be bound by the settlement if the surety is given notice by first-class mail of the settlement proceeding.
(b)
A conservator, a former conservator, the conservator of a conservator, or the personal representative of a deceased conservator shall be allowed to cite the ward, the ward's personal representative, or a successor conservator to appear and be present at a final settlement of the conservator's accounts and discharge from liability in the manner provided in this Code section. The settlement period shall begin with the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. Notice by first-class mail of the settlement proceeding must be given to the surety on the conservator's bond and to the ward's guardian, if any. If the ward has not been restored to capacity or if the conservator is the ward's personal representative, the court shall appoint a guardian ad litem for the ward who shall be served personally.
(c)
Upon the return of a notice referred to in subsections (a) and (b) of this Code section, the court shall proceed to examine all returns and accounts of the conservator during the settlement period and to hear any objection to the settlement and discharge.
(d)
The court shall order any property in the hands of the conservator to be delivered to the ward, the ward's personal representative, or to the successor conservator and shall issue a judgment, writ of fieri facias, and execution thereon for any sums found to be due from the conservator. If the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.
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 10 - REMOVAL (§§ 29-5-90 — 29-5-94) › Section 29-5-90 - Resignation of conservator; requirement of petition; alternative conservator; notice to interested individuals; order of appointment of successor conservator

(a)
A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator, acting on behalf of the conservator, may resign upon petition to the court showing to the satisfaction of the court that:
(1)
The conservator is unable to continue serving due to age, illness, infirmity, or other good cause;
(2)
Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator;
(3)
Disagreement exists between the ward and the conservator or between the guardian and the conservator in respect of the conservator's management of the ward's property, which disagreement and conflict appear to be detrimental to the ward;
(4)
The resignation of the conservator will result in or permit substantial financial benefit to the ward; or
(5)
The resignation would not be disadvantageous to the ward.
(b)
The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.
(c)
The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward's legal counsel. Service shall be made by first-class mail to the guardian of the ward, if any, the surety on the conservator's bond, and to the following persons whose whereabouts are known and who must be persons other than the resigning conservator or the proposed successor conservator:
(1)
The spouse of the ward; and
(2)
All adult children of the ward; or
(3)
If there is no adult child, then at least two adults in the following order of priority:
(A)
Lineal descendants of the ward;
(B)
Parents and siblings of the ward; and
(C)
Friends of the ward.
(d)
If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section
29-5-101
and shall accept the resignation, subject to the resigning conservator turning over to the successor conservator all property of the ward held by the conservator.
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 10 - REMOVAL (§§ 29-5-90 — 29-5-94) › Section 29-5-91 - Death of conservator; notice to interested individuals; order appointing successor conservator

(a)
In the event of the death of a conservator and upon the petition of an interested person or upon the court's own motion, the court shall appoint a successor conservator. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward's legal counsel. Notice shall be given by first-class mail to the guardian of the ward, if any, the surety on the conservator's bond, the personal representative of the deceased conservator, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:
(1)
The spouse of the ward; and
(2)
All adult children of the ward; or
(3)
If there is no adult child, then at least two adults in the following order of priority:
(A)
Lineal descendants of the ward;
(B)
Parents and siblings of the ward; and
(C)
Friends of the ward.
(b)
After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section
29-5-101
and requiring the personal representative of the deceased conservator to turn over to the successor conservator all property of the ward held by the conservator.
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 10 - REMOVAL (§§ 29-5-90 — 29-5-94) › Section 29-5-92 - Conservator required to answer charges; authority of court; effect on other proceedings

(a)
Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of conservatorship or to impose sanctions, the court shall cite the conservator to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute conservator to take possession of and administer the ward's property during the investigation.
(b)
Upon investigation, the court may, in its discretion:
(1)
Revoke or suspend the letters of conservatorship;
(2)
Require additional security;
(3)
Require the conservator to appear and submit to a settlement of accounts following the procedure set forth in Code Section
29-5-81
, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;
(4)
Reduce or deny compensation to the conservator or impose any other sanction or sanctions as the court deems appropriate; and
(5)
Issue such other orders as in the court's judgment are appropriate under the circumstances of the case.
(c)
The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section
9-11-25
.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 10 - REMOVAL (§§ 29-5-90 — 29-5-94) › Section 29-5-93 - Cause of action for breach of fiduciary duty

(a)
If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate:
(1)
To recover damages;
(2)
To compel performance of the conservator's duties;
(3)
To enjoin the commission of a breach of fiduciary duty; or
(4)
To compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b)
When the ward's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.
(c)
The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 10 - REMOVAL (§§ 29-5-90 — 29-5-94) › Section 29-5-94 - Statute of limitations

All actions against a conservator, except on a conservator's bond, shall be brought within six years of the termination of the conservatorship of the ward, except as provided in Code Section
9-3-90
.
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 11 - TEMPORARY SUBSTITUTE CONSERVATOR (§§ 29-5-100 — 29-5-102) › Section 29-5-100 - Appointment of temporary substitute conservator; period of service; powers and authority; notice; removal

(a)
Upon its own motion or upon the petition of any interested party, including the ward, the court may appoint a temporary substitute conservator for a ward if it appears to the court that the best interest of the ward requires immediate action.
(b)
The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days.
(c)
The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest of the ward.
(d)
Except as otherwise ordered by the court, a temporary substitute conservator has the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority.
(e)
Notice of the appointment of a temporary substitute conservator shall be served personally on the ward. Notice of the appointment shall be served personally on the previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the ward's guardian, if any.
(f)
The court may remove the temporary substitute conservator at any time. A temporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 5 - CONSERVATORS OF ADULTS (§§ 29-5-1 — 29-5-140) › Article 11 - TEMPORARY SUBSTITUTE CONSERVATOR (§§ 29-5-100 — 29-5-102) › Section 29-5-101 - Appointment of successor conservators; appointment of legal counsel; notice to interested individuals; order appointing successor conservator

(a)
The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the ward. The court shall select the successor conservator in the manner provided in Code Section
29-5-3
.
(b)
The court shall appoint legal counsel for the ward. In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections
29-5-90
and
29-5-91
. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the guardian of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:
(1)
The spouse of the ward; and
(2)
All adult children of the ward; or
(3)
If there is no adult child, then at least two adults in the following order of priority:
(A)
Lineal descendants of the ward;
(B)
Parents and siblings of the ward; and
(C)
Friends of the ward.
(c)
After such hearing as the court deems appropriate, the court shall enter an order appointing the successor conservator and requiring that bond be posted in the amount set out in Code Section
29-5-40
.
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 11 - TEMPORARY SUBSTITUTE CONSERVATOR (§§ 29-5-100 — 29-5-102) › Section 29-5-102 - Delivery of property by predecessor conservator to successor conservator; final return

Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the ward held by the conservator and shall submit a final return covering the period since the conservator's last annual return. The surety of the predecessor conservator shall be liable for all acts of the conservator in relation to the ward's property up to the time of the receipt of all of the ward's property by the successor conservator.
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 12 - APPELLATE PROCEEDINGS (§ 29-5-110) › Section 29-5-110 - Proceedings for appeal; appointment of guardians ad litem; bond and security prior to removal; liability of surety of predecessor conservator; jurisdiction

(a)
Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward's legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless by agreement the parties specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence.
(b)
All rights of appeal from the superior court shall be as provided by law.
(c)
The filing of an appeal to the superior court from the judgment of the probate court shall act as a supersedeas.
(d)
Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section
15-9-120
may appoint an emergency conservator with powers and duties as are described in Code Section
29-5-16
; provided, however, that such emergency conservator may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section
29-5-14
and after a hearing at which other evidence may be presented. The appointment of an emergency conservator is not appealable.
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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 1 - REMOVAL (§ 29-5-120) › Section 29-5-120 - Petition for removal; prerequisites

(a)
A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the ward resides.
(b)
Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of the county in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the ward.
(c)
Before the removal of the conservatorship to another county in this state, the conservator must give bond and good security to the court of such county as if the conservator had been first appointed by that court, and a certificate to this effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the county to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship.
(d)
Following removal of a conservatorship to another county in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the conservator as if the conservator had been first appointed in that county, and every case growing out of or affecting the conservatorship shall be heard and tried only in the county to which the conservatorship has been removed.
(e)
The sureties on the conservator's first bond shall be liable only for misconduct of the conservator up until the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator.
(f)
The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a conservator shall retain jurisdiction of such matters even though the conservatorship has been removed to another county.
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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 2 - PETITION FOR TRANSFER TO THIS STATE (§ 29-5-125) › Section 29-5-125 - through 29-5-128 - Reserved

Reserved. Repealed by Ga. L. 2016, p. 563, § 3/HB 954, eff. 7/1/2016
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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 3 - PETITION TO TRANSFER TO FOREIGN COURT (§ 29-5-130) › Section 29-5-130 - through 29-5-134 - Reserved

Reserved. Repealed by Ga. L. 2016, p. 563, § 3/HB 954, eff. 7/1/2016
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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 4 - FOREIGN CONSERVATORS (§§ 29-5-135 — 29-5-140) › Section 29-5-135 - "Foreign conservator" defined; sale or disposal of property

(a)
For purposes of this part, the term "foreign conservator" means a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the ward, and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Article 3 of Chapter 11 of this title.
(b)
Any foreign conservator of a ward who resides in any other state and who is authorized to sell and convey property of the ward may sell property of the ward which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the conservatorship as provided by law.
Amended by 2016 Ga. Laws 486,§ 5, eff. 7/1/2016.
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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 4 - FOREIGN CONSERVATORS (§§ 29-5-135 — 29-5-140) › Section 29-5-136 - Conservator's power to bring suit

A foreign conservator may institute an action in any court in this state to enforce any right or to recover any property belonging to the ward or accruing to the foreign conservator in his or her capacity as 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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 4 - FOREIGN CONSERVATORS (§§ 29-5-135 — 29-5-140) › Section 29-5-137 - Filing of letters of conservatorship with court

Pending an action brought by a foreign conservator pursuant to Code Section
29-5-136
, an authenticated copy of the letters of conservatorship 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.
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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 4 - FOREIGN CONSERVATORS (§§ 29-5-135 — 29-5-140) › Section 29-5-138 - Submission to jurisdiction personally of foreign conservator; registration of conservatorship

(a)
A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by:
(1)
Receiving payment of money or taking delivery of personal property in this state belonging to the ward;
(2)
Doing any act as a conservator in this state that would have given this state jurisdiction over the actor as an individual; or
(3)
Registering the conservatorship order in this state pursuant to Code Section
29-11-31
.
(b)
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 part 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 subsection (a) of this Code section, stating the reasons therefor.
Amended by 2019 Ga. Laws 233,§ 22, 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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 4 - FOREIGN CONSERVATORS (§§ 29-5-135 — 29-5-140) › Section 29-5-139 - Interested parties' right to compel foreign conservator to act with equity and good conscience; court's communication with appointing foreign court

(a)
Any resident of this state who is interested as a creditor, heir, putative heir, or will beneficiary of a ward for whom a foreign conservator has been appointed may apply to the proper court to compel the foreign conservator to protect that interest according to equity and good conscience before selling the ward's assets or removing the ward's assets beyond the limits of this state.
(b)
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 part 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 application to compel such foreign conservator to protect an interest under subsection (a) of this Code section, stating the reasons therefor.
Amended by 2019 Ga. Laws 233,§ 23, 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 13 - FOREIGN CONSERVATORS (§§ 29-5-120 — 29-5-140) › Part 4 - FOREIGN CONSERVATORS (§§ 29-5-135 — 29-5-140) › Section 29-5-140 - Payments to foreign conservator on debts or return of property belonging to ward

(a)
A person who is indebted to or has possession of tangible or intangible property of a ward may pay the debt or deliver the property to a foreign conservator of the ward. Payment of the debt or delivery of the property may be made upon proof of appointment and proof that the foreign conservator has been appointed and is entitled to debt payment or to receive delivery of the property.
(b)
Payment of the debt or delivery of the property in response to the demand discharges the debtor or possessor, unless the debtor or possessor has knowledge of proceedings for the appointment of a guardian, conservator, or other protective proceeding in this state.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42) › Chapter 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-1 - Judges of probate courts as custodians of certain funds; authority to collect debts

The judges of the probate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $15,000.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified conservator; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifying order, the judge is authorized to take charge of the moneys or funds of the minor or adult by virtue of the judge's office as judge of the probate court in the county of residence of the minor or adult; provided, however, that notice shall be given to the living parents of a minor, if any, or the guardian of an adult, if any. The certificate of the judge that no legally qualified conservator has been appointed shall be conclusive and shall be sufficient authority to justify any debtor in making payment on claims made by the judge.
Amended by 2006 Ga. Laws 766,§ 16, eff. 7/1/2006.
Former § 29-6-1 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-2 - Employment of counsel; payment of counsel's fees

The judge of the probate court is authorized, in the judge's discretion, to employ counsel to bring an action to recover any amount due to a minor or adult described in Code Section
29-6-1
, in the minor's or adult's name or in the name of the judge as custodian, in any court having jurisdiction thereof. The judge of the probate court shall have authority to pay to counsel a reasonable fee out of the funds collected for counsel's services in the proceeding which were necessary to enforce the right of the minor or adult.
Former § 29-6-2 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-3 - Record-keeping requirements of probate judge

It shall be the duty of the judge of the probate court to keep a properly indexed complete record of all money received by the judge for minors or adults by virtue of the judge's services under Code Section
29-6-1
. The record shall show from what source the funds were derived and to whom and for what the money was paid. The record shall be open for inspection by the public.
Former § 29-6-3 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-4 - Expenditure of minor's funds

The judge of the probate court who, pursuant to Code Section
29-6-1
, receives funds due and owing a minor or adult is authorized and directed to pay from the funds so received whatever amount the judge may think necessary for the support, care, education, health, and welfare of the minor or adult, as well as the funeral and burial expenses of the minor or adult, in case of the individual's death, as in the judge's opinion may be proper and right. The expenditures made by the judge shall be final and no liability shall attach to the judge or the judge's bond by reason of the expenditures when made in good faith.
Former § 29-6-4 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-5 - Ordering of conservatorship

In appropriate cases, the judge of the probate court who holds property or funds pursuant to this chapter may order that a conservatorship be established in accordance with the provisions of Chapter 3 or 5 of this title and shall distribute any or all of such property or funds to the conservator.
Former § 29-6-5 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-6 - Requirement to deposit excess funds in FDIC insured account

When any funds due and owing a minor or adult come into the hands of the judge of the probate court and the funds are not needed for the support, care, education, health, and welfare of the minor or adult, it shall be the duty of the judge to place the funds in an account insured by the Federal Deposit Insurance Corporation in the name of the judge as custodian for the minor or adult. There shall be no further liability against the judge or the judge's bond when the deposit is made in good faith.
Former § 29-6-6 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-7 - [Repealed and Reserved eff. 1/1/2025]

The judges of the probate courts shall receive as compensation for their services under Code Section
29-6-1
the fee specified in subsection (j) of Code Section
15-9-60
.
Repealed and reserved by 2024 Ga. Laws 515,§ 5, eff. 1/1/2025.
Former § 29-6-7 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-8 - Bonding requirements

Judges of the probate courts shall be held accountable on their official bonds for the faithful discharge of their duties pursuant to Code Section
29-6-1
as custodians and for the proper distribution of funds coming into their hands as such custodians. It is the judge's responsibility to increase his or her official bond if necessary.
Former § 29-6-8 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-9 - Circumstances under which custodial property shall be returned

The judge shall turn over all custodial property held pursuant to this chapter to:
(1)
A conservator if the custodial funds exceed $15,000.00;
(2)
A minor upon reaching the age of majority;
(3)
A former incapacitated adult upon restoration to capacity;
(4)
The personal representative of a deceased minor or incapacitated adult; or
(5)
The Department of Revenue four years after the death of a minor or incapacitated adult if no proceedings are commenced on that individual's estate or four years after the date a minor who cannot be located would have reached the age of majority.
Amended by 2006 Ga. Laws 766,§ 17, eff. 7/1/2006.
Former § 29-6-9 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 6 - GUARDIANS OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (§§ 29-6-1 — 29-6-10) › Section 29-6-10 - through 29-6-18 - [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 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-1 - Definitions

As used in this chapter, the term:
(1)
"Benefits" means all moneys paid or payable by the United States through the United States Department of Veterans Affairs.
(2)
"Department" means the United States Department of Veterans Affairs, its predecessors, or its successors.
(3)
"Estate" means income on hand and assets acquired partially or wholly with income.
(4)
"Income" means moneys received from the United States Department of Veterans Affairs and revenue or profit from any property wholly or partially acquired therewith.
(5)
"Person" means an individual, a partnership, a corporation, or an association.
(6)
"Secretary" means the secretary of veterans affairs of the United States Department of Veterans Affairs or the secretary's successor.
(7)
"VA guardian" means a person appointed pursuant to the provisions of this chapter.
(8)
"Ward" means a beneficiary of the United States Department of Veterans Affairs.
Former § 29-7-1 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 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-2 - Involvement of secretary in proceedings for appointment or discharge of VA guardian; jurisdiction; notification to United States Department of Veterans Affairs

(a)
The secretary shall be a party in interest in any proceedings for the appointment or discharge of a VA guardian and in any proceedings involving the administration of the estate of the ward. Written notice of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to a VA guardianship pursuant to this chapter shall be given by certified mail or statutory overnight delivery to the office of the department having jurisdiction over the area in which the ward resides. The notice shall include a copy of the petition or other pleadings and shall be given so as to arrive in due course of mailing not less than 15 days before the date of a hearing or other proceedings, unless otherwise provided in this chapter.
(b)
In any proceeding involving a guardianship or conservatorship established pursuant to any other chapter of this title, the office of the department having jurisdiction over the area in which the ward resides may, by giving written notice to the court having jurisdiction over such proceedings and to the guardian or conservator or proposed guardian or conservator, become a party in interest as to the guardianship or conservatorship or proposed guardianship or conservatorship and shall thereafter be entitled to notice as if a guardianship or conservatorship was originally established under this chapter.
(c)
The court shall mail to the department office a copy of each order entered in any VA guardianship or other guardianship or conservatorship proceeding wherein the secretary is an interested party.
Former § 29-7-2 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 7 - FOREIGN GUARDIANS (§§ 29-7-1 — 29-7-18) › Section 29-7-3 - Requirement of secretary that guardian be appointed

Whenever, pursuant to any law of the United States or regulation of the department, the secretary requires, prior to payment of benefits, that a VA guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter.
Former § 29-7-3 repealed by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.