SB98: SB98 Guardian and Ward; county conservators; provide

Under current Georgia law, county administrators can serve as ex officio (automatic, by virtue of their office) "county guardians," who are appointed by probate courts to look after wards, including minors and incapacitated adults, when no family member or other suitable person is available. This bill splits that role into two: county guardians (who handle personal care decisions) and county conservators (who handle a ward's money and property). County administrators would automatically serve as both, depending on which role a court appoints them to. The bill rewrites dozens of Code sections in Title 29 to replace references to "county guardian" with "county conservator" wherever the duty actually involves managing property, such as bond requirements, temporary substitute appointments, and final settlements of a ward's estate. It also adds a new section saying that, starting July 1, 2025, any county guardian already serving as a conservator becomes a county conservator automatically, without needing extra bond, unless a court orders otherwise. The law takes effect July 1, 2025.

• Creates a new legal category, "county conservator," distinct from "county guardian," to separate financial management duties from personal care duties for wards.
• Makes county administrators serve automatically (ex officio) as both county guardians and county conservators, depending on the court appointment (O.C.G.A. § 29-8-1).
• Requires county conservators to give an additional $5,000 bond beyond the standard bond required of county administrators (O.C.G.A. § 29-8-2).
• Automatically redesignates any existing county guardian who is actually serving as a conservator as a "county conservator" by operation of law starting July 1, 2025, without requiring a new bond unless a court orders one (new O.C.G.A. § 29-8-6).
• Updates the order-of-preference lists courts use when appointing a conservator, replacing "county guardian" with "county conservator" in those lists (O.C.G.A. §§ 29-3-7, 29-5-3).
• Requires public guardians, county guardians, and county conservators to cooperate when appointed for the same ward (O.C.G.A. § 29-10-7).

County administrators and probate courts across Georgia, along with wards (minors and incapacitated adults) who currently have or may need a county guardian or conservator, and anyone who posts bond or brings legal action related to a county guardian's or conservator's conduct.

By separating the guardian role (personal care) from the conservator role (financial management), the bill clarifies which county official is legally responsible for a ward's money versus their well-being, which affects bonding requirements, court appointment procedures, and who can be sued for mismanagement of a ward's estate.

• Section 1 adds a definition of "county conservator" and revises the definition of "county guardian" in O.C.G.A. § 29-1-1.
• Sections 2, 5 update the statutory preference lists for court-appointed conservators to list "county conservator" instead of "county guardian."
• Sections 3, 6 clarify that when a ward with a county administrator, conservator, or guardian dies without a will, the conservator distributes the estate as if appointed administrator.
• Section 8 revises O.C.G.A. § 29-8-1 so county administrators serve as ex officio county guardians and ex officio county conservators.
• Section 9 requires county conservators to post an additional $5,000 bond on top of the bond required under O.C.G.A. § 53-6-41.
• Section 13 adds new O.C.G.A. § 29-8-6, automatically converting existing county guardians who serve as conservators into county conservators as of July 1, 2025, without new bond unless a court orders it.
• Section 15 and 16 make conforming changes to county administrator qualification and compensation rules in Title 53 to include the new county conservator role.
• Section 17 sets the effective date as July 1, 2025.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 283
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-07Senate Sent to Governor (Senate)
5. 2025-03-21House Passed/Adopted (House)
6. 2025-03-21House Third Readers (House)
7. 2025-03-13House Committee Favorably Reported (House)
8. 2025-02-24House Second Readers (House)

• Bill Cowsert (R, SD-046)Primary sponsor
• Brian Strickland (R, SD-042)
• Frank Ginn (R, SD-047)
• Ben Watson (R, SD-001)
• Kay Kirkpatrick (R, SD-032)
• Mitchell Scoggins (R, HD-014)

1. PassedSenate voteFebruary 20, 2025

   50 yea, 0 nay (3 not voting, 3 absent)

   Passage By Substitute: Senate Vote #70

2. PassedHouse voteMarch 21, 2025

   162 yea, 0 nay (5 not voting, 13 absent)

   Passage: House Vote #298

• guardianship law
• conservatorship
• probate court
• county administrators
• elder and minor care