---
title: O.C.G.A. § 29-5-46. Joint and several liability of conservator and surety.
collection: code
id: 29-5-46
cite_as: O.C.G.A. § 29-5-46 (2025)
canonical_url: https://georgiacommons.org/code/29-5-46
md_url: https://georgiacommons.org/code/29-5-46.md
text_url: https://georgiacommons.org/code/29-5-46/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-2018-pdf.pdf?sfvrsn=f493d811_0#page=700
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/29-5-45.md
next: https://georgiacommons.org/code/29-5-47.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. § 29-5-46. Joint and several liability of conservator and surety.

The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator’s representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person’s representative capacity.

## History

Code 1981, § 29-5-46, enacted by Ga. L. 2004, p. 161, § 1.