SB98: SB98 Guardian and Ward; county conservators; provide

25 SB 98/AP Senate Bill 98 By: Senators Cowsert of the 46th, Strickland of the 42nd, Ginn of the 47th, Watson of the 1st and Kirkpatrick of the 32nd AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward,1 so as to provide for county conservators generally; to provide for respective rights and2 responsibilities of county conservators and county guardians; t o provide that county3 administrators shall serve as ex officio county conservators; t o provide for conforming4 changes; to revise and provide for definitions; to provide for the change of designation of5 county guardian to county conservator by operation of law under certain circumstances and6 subject to an exception; to amend Article 5 of Chapter 6 of Title 53 of the Official Code of7 Georgia Annotated, relating to county administrators, so as to provide for conforming8 changes; to provide for related matters; to provide for an effective date; to repeal conflicting9 laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is13 amended in Code Section 29-1-1, relating to definitions, by rev ising paragraph (3) and14 adding a new paragraph to read as follows:15 S. B. 98 - 1 - 25 SB 98/AP "(2.1) 'County conservator' means an individual described as su ch in Chapter 8 of this16 title.17 (3) 'County guardian' means an individual described as such in Chapter 8 of this title."18 SECTION 2.19 Said title is further amended in Code Section 29-3-7, relating to preference among20 individuals for appointment of conservator and court's ability to ignore preference for best21 interest of minor, by revising paragraph (7) of subsection (a) as follows:22 "(7) The county guardian conservator."23 SECTION 3.24 Said title is further amended in Code Section 29-3-71, relating to final settlements, settlement25 period, examination of returns and accounts by court, and retur n of property to minor, by26 revising subsection (e) as follows:27 "(e) When a minor ward for whom the county administrator, county conservator, or county28 guardian has been previously appointed as conservator dies intestate, the conservator shall29 proceed to distribute the minor ward's estate in the same manner as if the conservator had30 been appointed administrator of the estate. The sureties on the conservator's bond shall be31 responsible for the conservator's faithful administration and distribution of the estate."32 SECTION 4.33 Said title is further amended in Code Section 29-3-90, relating to appointment of temporary34 substitute conservator, length of appointment, powers, notice, and removal, by revising35 subsection (c) as follows:36 "(c) The court shall appoint as temporary substitute conservato r the county guardian37 conservator or some other appropriate person who shall serve the best inte rest of the38 minor."39 S. B. 98 - 2 - 25 SB 98/AP SECTION 5.40 Said title is further amended in Code Section 29-5-3, relating to order of preference in41 selecting conservator, nomination of individual to serve as conservator, and requirements of42 nomination, by revising paragraph (8) of subsection (b) as follows:43 "(8) The county guardian conservator."44 SECTION 6.45 Said title is further amended in Code Section 29-5-72, relating to termination of46 conservatorship, required evidence to support, burden of proof, and death of ward, by47 revising subsection (g) as follows:48 "(g) When a ward for whom the county administrator, county cons ervator, or county49 guardian has been previously appointed as conservator dies intestate, the conservator shall50 proceed to distribute the ward's estate in the same manner as if the conservator had been51 appointed administrator of the estate. The sureties on the con servator's bond shall be52 responsible for the conservator's faithful administration and distribution of the estate."53 SECTION 7.54 Said title is further amended in Code Section 29-5-100, relating to appointment of temporary55 substitute conservator, period of service, powers and authority , notice, and removal, by56 revising subsection (c) as follows:57 "(c) The court shall appoint as temporary substitute conservato r the county guardian58 conservator or some other appropriate person who shall serve the best interest of the ward."59 SECTION 8.60 Said title is further amended by revising Code Section 29-8-1, relating to county61 administrators as ex officio county guardians, as follows:62 S. B. 98 - 3 - 25 SB 98/AP "29-8-1.63 County administrators as provided for in Article 5 of Chapter 6 of Title 53 are ex officio64 county guardians and ex officio county conservators and shall serve as guardians or65 conservators, respectively, in all cases where appointed by the court."66 SECTION 9.67 Said title is further amended by revising Code Section 29-8-2, relating to bond requirements,68 as follows:69 "29-8-2.70 In addition to the bond required in Code Section 53-6-41, county guardians conservators71 shall give another bond an additional bond with good security, to be judged by the court,72 in the sum of $5,000.00. The Such additional bond shall be payable to the court for the73 benefit of all concerned. It, shall be attested by the judge or clerk of the court, and shall74 be conditioned upon the faithful discharge of the county guardian's conservator's duty as75 such, as required by law. Actions on the bond may be brought by any person aggrieved by76 the misconduct of the county guardian, conservator, as provided by law for actions on the77 bonds of other guardians conservators."78 SECTION 10.79 Said title is further amended by revising Code Section 29-8-3, relating to letters of80 guardianship or conservatorship and liability and rights of county guardian, as follows:81 "29-8-3.82 The court shall grant to the county guardian separate letters of guardianship or and to the83 county conservator separate letters of conservatorship upon each appointment. The county84 guardian and county conservator shall be subject to all liabilities and entitled to all the85 rights and emoluments provided for other guardians or conservators, respectively, and shall86 be governed by the law provided for other guardians or conservators, respectively."87 S. B. 98 - 4 - 25 SB 98/AP SECTION 11.88 Said title is further amended by revising Code Section 29-8-4, relating additional security on89 bond, as follows:90 "29-8-4.91 (a) If in the opinion of the court it shall become necessary f or the good of any92 conservatorship placed or about to be placed in the hands of th e county guardian93 conservator for the county guardian conservator to give additional security on the bond or94 to give additional bond with security, the court shall have the authority to fix the amount95 of the bond and shall cite the county guardian conservator to appear and show cause, if any,96 why the additional bond or additional security should not be given.97 (b) If upon the hearing the county guardian conservator fails to show good cause why the98 additional bond or additional security should not be given, the court shall issue an order99 fixing the amount of the bond and direct the county guardian conservator to give additional100 security on or before a certain date, which date shall be within 30 days of the date of the101 order.102 (c) Should the county guardian conservator fail, refuse, or neglect to give additional bond103 or additional security on or before the date fixed in the order of the court and fail to show104 good cause why further time should be allowed, it shall be the duty of the court to remove105 the county guardian conservator and to appoint another county guardian conservator for the106 unexpired term of office. The order of removal shall be recorded as provided for the order107 of appointment."108 SECTION 12.109 Said title is further amended by revising Code Section 29-8-5, relating to revocation of letters110 of guardianship or conservatorship or other court orders necess ary for good of ward, as111 follows:112 S. B. 98 - 5 - 25 SB 98/AP "29-8-5.113 The court may, for good cause shown, as provided in Code Sectio n 29-4-52 or 29-5-92,114 respectively, revoke the letters of guardianship or conservatorship of the county guardian115 or county conservator , require additional security on the county guardian's county116 conservator's bond, or issue any other order as is expedient and necessary for the good of117 any particular guardianship or conservatorship in the hands of the county guardian or118 county conservator."119 SECTION 13.120 Said title is further amended by adding a new Code section to Chapter 8, relating to county121 guardians, to read as follows:122 "29-8-6.123 On and after July 1, 2025, except as otherwise ordered by the court, in any matter related124 to a conservatorship provided for in this title wherein an individual designated as county125 guardian is serving as a conservator pursuant to this title, the designation of such individual126 shall by operation of law be county conservator; provided, however, that, in such instances,127 no additional bond as provided for in Code Section 29-8-2 shall be required unless ordered128 by the court for good cause shown."129 SECTION 14.130 Said title is further amended in Code Section 29-10-7, relating to record keeping and131 reporting, required visits to ward, limitations on number of wa rds, and cooperation with132 county guardians and conservators, by revising subsection (g) as follows:133 "(g) Public guardians, county guardians, and county conservators shall be required to work134 cooperatively together when appointed for the same ward."135 S. B. 98 - 6 - 25 SB 98/AP SECTION 15.136 Article 5 of Chapter 6 of Title 53 of the Official Code of Geor gia Annotated, relating to137 county administrators, is amended by revising subsection (b) of Code Section 53-6-35,138 relating to appointment, as follows:139 "(b) In all counties of this state the probate court is authori zed to appoint, in the same140 manner as the county administrator is appointed, one or more ad ditional county141 administrators who shall have the same powers, duties, and authority and be subject to the142 same laws, including Chapter 8 of Title 29, relating to county guardians, and county143 conservators, as county administrators."144 SECTION 16.145 Said article is further amended by revising subsection (b) of Code Section 53-6-36, relating146 to qualifications and compensation, as follows:147 "(b) If the county governing authority consents, county adminis trators and ex officio148 county guardians and county conservators may be paid an annual fee for so serving. The149 amount of any such fee shall be established by agreement of the county governing150 authority, the probate court, and the individual so serving. A ny such fee shall be in151 addition to commissions authorized under other provisions of law."152 SECTION 17.153 This Act shall become effective July 1, 2025.154 SECTION 18.155 All laws and parts of laws in conflict with this Act are repealed. 156 S. B. 98 - 7 -