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Official Code of Georgia Annotated

Title 29. GUARDIAN AND WARD · Chapter 5. CONSERVATORS OF ADULTS · Article 5. CONSERVATOR’S BOND AND OTHER OBLIGATIONS

29-5-43. Requirement of additional bond or security.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Whenever it comes to the knowledge of the court, either by annual returns or otherwise that:#

    1. (1)

      Additional personal property has accrued to the ward by descent, gift, or otherwise;#

    2. (2)

      For any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-5-40; or#

    3. (3)

      The bond or security is otherwise insufficient in the judgment of the court,#

    4. the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator’s bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-92.

  2. (b)

    When it comes to the knowledge of the court that the surety on the conservator’s bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear and give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator’s bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-92.#

  3. (c)

    With respect to any bond filed with a conservatorship order from another state that has been registered with and recorded by the court under Code Section 29-11-31, in addition to any action the court may take under this article or under subsection (b) of Code Section 29-11-32, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of the insufficiency of such bond under subsection (a) or (b) of this Code section, stating the reasons therefor.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 29-5-43, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 19/HB 70.

Amendments

The 2019 amendment, effective January 1, 2020, substituted “29-5-92” for “29-5-102” at the end of subsection (b) and added subsection (c).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t27-t30-(v22)-pdf.pdf, Volume V22, 2018 edition, 2025 supplement, pages 221 to 222; merge action: replaced; file SHA-256 b54071b79715.

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O.C.G.A. § 29-5-43. Requirement of additional bond or security. | Georgia Commons