---
title: O.C.G.A. § 29-5-40. Bond requirement; exception to requirement; recording.
collection: code
id: 29-5-40
cite_as: O.C.G.A. § 29-5-40 (2025)
canonical_url: https://georgiacommons.org/code/29-5-40
md_url: https://georgiacommons.org/code/29-5-40.md
text_url: https://georgiacommons.org/code/29-5-40/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-pdf.pdf?sfvrsn=3d92bb7f_0#page=221
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/29-5.md
previous: https://georgiacommons.org/code/29-5-36.md
next: https://georgiacommons.org/code/29-5-41.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: GUARDIAN AND WARD / CONSERVATORS OF ADULTS / CONSERVATOR’S BOND AND OTHER OBLIGATIONS
---

# O.C.G.A. § 29-5-40. Bond requirement; exception to requirement; recording.

(a) A conservator appointed by the court, including a conservator appointed in a final order accepting the transfer of a conservatorship proceeding from another state issued under subsection (e) of Code Section 29-11-21, shall give bond with good and sufficient security.

(b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statements signed by the Comptroller of the Currency of the United States or the commissioner of banking and finance.

(c) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.

## History

Code 1981, § 29-5-40, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 18/HB 70.

## Law Reviews

For article, “Guardianship and Conservatorship 101,” see 28 Ga. St. B.J. 16 (December 2022).

## Amendments

The 2019 amendment, effective January 1, 2020, inserted “, including a conservator appointed in a final order accepting the transfer of a conservatorship proceeding from another state issued under subsection (e) of Code Section 29-11-21,” in subsection (a).