Georgia CommonsSB 98: Guardian and Ward; county conservators; provide
Enrolled version, the latest LegiScan holds · Last action May 14, 2025 · Passed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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, so as to provide for county conservators generally; to provide for respective rights and responsibilities of county conservators and county guardians; to provide that county administrators shall serve as ex officio county conservators; to provide for conforming changes; to revise and provide for definitions; to provide for the change of designation of county guardian to county conservator by operation of law under certain circumstances and subject to an exception; to amend Article 5 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, so as to provide for conforming changes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in Code Section 29-1-1, relating to definitions, by revising paragraph (3) and adding a new paragraph to read as follows:
"(2.1) 'County conservator' means an individual described as such in Chapter 8 of this title.
(3) 'County guardian' means an individual described as such in Chapter 8 of this title."
SECTION 2.
Said title is further amended in Code Section 29-3-7, relating to preference among individuals for appointment of conservator and court's ability to ignore preference for best interest of minor, by revising paragraph (7) of subsection (a) as follows: "(7) The county guardian conservator."
SECTION 3.
Said title is further amended in Code Section 29-3-71, relating to final settlements, settlement period, examination of returns and accounts by court, and return of property to minor, by revising subsection (e) as follows:
"(e) When a minor ward for whom the county administrator, county conservator, or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the minor ward's estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservator's bond shall be responsible for the conservator's faithful administration and distribution of the estate."
SECTION 4.
Said title is further amended in Code Section 29-3-90, relating to appointment of temporary substitute conservator, length of appointment, powers, notice, and removal, by revising subsection (c) as follows:
"(c) The court shall appoint as temporary substitute conservator the county guardian conservator or some other appropriate person who shall serve the best interest of the minor."
SECTION 5.
Said title is further amended in Code Section 29-5-3, relating to order of preference in selecting conservator, nomination of individual to serve as conservator, and requirements of nomination, by revising paragraph (8) of subsection (b) as follows: "(8) The county guardian conservator."
SECTION 6.
Said title is further amended in Code Section 29-5-72, relating to termination of conservatorship, required evidence to support, burden of proof, and death of ward, by revising subsection (g) as follows:
"(g) When a ward for whom the county administrator, county conservator, or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the ward's estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservator's bond shall be responsible for the conservator's faithful administration and distribution of the estate."
SECTION 7.
Said title is further amended in Code Section 29-5-100, relating to appointment of temporary substitute conservator, period of service, powers and authority, notice, and removal, by revising subsection (c) as follows:
"(c) The court shall appoint as temporary substitute conservator the county guardian conservator or some other appropriate person who shall serve the best interest of the ward."
SECTION 8.
Said title is further amended by revising Code Section 29-8-1, relating to county administrators as ex officio county guardians, as follows:
"29-8-1.
County administrators as provided for in Article 5 of Chapter 6 of Title 53 are ex officio county guardians and ex officio county conservators and shall serve as guardians or conservators, respectively, in all cases where appointed by the court."
SECTION 9.
Said title is further amended by revising Code Section 29-8-2, relating to bond requirements, as follows:
"29-8-2.
In addition to the bond required in Code Section 53-6-41, county guardians conservators shall give another bond an additional bond with good security, to be judged by the court, in the sum of $5,000.00. The Such additional bond shall be payable to the court for the benefit of all concerned. It, shall be attested by the judge or clerk of the court, and shall be conditioned upon the faithful discharge of the county guardian's conservator's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county guardian, conservator, as provided by law for actions on the bonds of other guardians conservators."
SECTION 10.
Said title is further amended by revising Code Section 29-8-3, relating to letters of guardianship or conservatorship and liability and rights of county guardian, as follows:
"29-8-3.
The court shall grant to the county guardian separate letters of guardianship or and to the county conservator separate letters of conservatorship upon each appointment. The county guardian and county conservator shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians or conservators, respectively, and shall be governed by the law provided for other guardians or conservators, respectively."
SECTION 11.
Said title is further amended by revising Code Section 29-8-4, relating additional security on bond, as follows:
"29-8-4.
(a) If in the opinion of the court it shall become necessary for the good of any conservatorship placed or about to be placed in the hands of the county guardian conservator for the county guardian conservator to give additional security on the bond or to give additional bond with security, the court shall have the authority to fix the amount of the bond and shall cite the county guardian conservator to appear and show cause, if any, why the additional bond or additional security should not be given.
(b) If upon the hearing the county guardian conservator fails to show good cause why the additional bond or additional security should not be given, the court shall issue an order fixing the amount of the bond and direct the county guardian conservator to give additional security on or before a certain date, which date shall be within 30 days of the date of the order.
(c) Should the county guardian conservator fail, refuse, or neglect to give additional bond or additional security on or before the date fixed in the order of the court and fail to show good cause why further time should be allowed, it shall be the duty of the court to remove the county guardian conservator and to appoint another county guardian conservator for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment."
SECTION 12.
Said title is further amended by revising Code Section 29-8-5, relating to revocation of letters of guardianship or conservatorship or other court orders necessary for good of ward, as follows:
"29-8-5.
The court may, for good cause shown, as provided in Code Section 29-4-52 or 29-5-92, respectively, revoke the letters of guardianship or conservatorship of the county guardian or county conservator, require additional security on the county guardian's county conservator's bond, or issue any other order as is expedient and necessary for the good of any particular guardianship or conservatorship in the hands of the county guardian or county conservator."
SECTION 13.
Said title is further amended by adding a new Code section to Chapter 8, relating to county guardians, to read as follows:
"29-8-6.
On and after July 1, 2025, except as otherwise ordered by the court, in any matter related to a conservatorship provided for in this title wherein an individual designated as county guardian is serving as a conservator pursuant to this title, the designation of such individual shall by operation of law be county conservator; provided, however, that, in such instances, no additional bond as provided for in Code Section 29-8-2 shall be required unless ordered by the court for good cause shown."
SECTION 14.
Said title is further amended in Code Section 29-10-7, relating to record keeping and reporting, required visits to ward, limitations on number of wards, and cooperation with county guardians and conservators, by revising subsection (g) as follows: "(g) Public guardians, county guardians, and county conservators shall be required to work cooperatively together when appointed for the same ward."
SECTION 15.
Article 5 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, is amended by revising subsection (b) of Code Section 53-6-35, relating to appointment, as follows:
"(b) In all counties of this state the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 8 of Title 29, relating to county guardians, and county conservators, as county administrators."
SECTION 16.
Said article is further amended by revising subsection (b) of Code Section 53-6-36, relating to qualifications and compensation, as follows:
"(b) If the county governing authority consents, county administrators and ex officio county guardians and county conservators may be paid an annual fee for so serving. The amount of any such fee shall be established by agreement of the county governing authority, the probate court, and the individual so serving. Any such fee shall be in addition to commissions authorized under other provisions of law."
SECTION 17.
This Act shall become effective July 1, 2025.
SECTION 18.
All laws and parts of laws in conflict with this Act are repealed.