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:
<ins>"(2.1) 'County conservator' means an individual described as such in Chapter 8 of this
title.
</ins> (3) 'County guardian' means an individual described <ins>as such</ins> 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 <del>guardian</del> <ins>conservator."
</ins> 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, <ins>county conservator,</ins> 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 <del>guardian
</del> <ins>conservator</ins> 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 <del>guardian</del> <ins>conservator."
</ins> 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 <del>guardian
</del> <ins>conservator</ins> 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 <ins>and ex officio county conservators</ins> and shall serve as guardians or
conservators, <ins>respectively,</ins> 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 <del>guardians</del> <ins>conservators
</ins> shall give <del>another bond</del> <ins>an additional bond</ins> with good security, to be judged by the court,
in the sum of $5,000.00. <del>The</del> <ins>Such additional</ins> bond shall be payable to the court for the
benefit of all concerned. <del>It,</del> shall be attested by the judge or clerk of the court, and shall
be conditioned upon the faithful discharge of the county <del>guardian's</del> <ins>conservator's</ins> duty as
such, as required by law. Actions on the bond may be brought by any person aggrieved by
the misconduct of the county <del>guardian,</del> <ins>conservator,</ins> as provided by law for actions on the
bonds of other <del>guardians</del> <ins>conservators."
</ins> 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 <del>or</del> <ins>and to the
county conservator separate letters of</ins> conservatorship upon each appointment. The county
guardian <ins>and county conservator</ins> shall be subject to all liabilities and entitled to all the
rights and emoluments provided for other guardians or conservators, <ins>respectively,</ins> and shall
be governed by the law provided for other guardians or conservators, <ins>respectively."
</ins>
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 <del>guardian
</del> <ins>conservator</ins> for the county <del>guardian</del> <ins>conservator</ins> 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 <del>guardian</del> <ins>conservator</ins> 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 <del>guardian</del> <ins>conservator</ins> 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 <del>guardian</del> <ins>conservator</ins> 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 <del>guardian</del> <ins>conservator</ins> 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 <del>guardian</del> <ins>conservator</ins> and to appoint another county <del>guardian</del> <ins>conservator</ins> 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 <ins>29-4-52 or</ins> 29-5-92,
<ins>respectively,</ins> revoke the letters of guardianship or conservatorship of the county guardian
<ins>or county conservator,</ins> require additional security on the <del>county guardian's</del> <ins>county
conservator's</ins> bond, or issue any other order as is expedient and necessary for the good of
any particular <ins>guardianship or</ins> conservatorship in the hands of the county guardian <ins>or
county conservator."
</ins> SECTION 13.
Said title is further amended by adding a new Code section to Chapter 8, relating to county
guardians, to read as follows:
<ins>"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."
</ins> 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 <ins>county</ins> 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, <ins>and county
conservators,</ins> 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 <ins>and county conservators</ins> 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.