Georgia Commons

Title 29. GUARDIAN AND WARD

Chapter 3. CONSERVATORS OF MINORS

68 sections · 29-3-1 to 29-3-120

Article 1. PROPERTY

  1. 29-3-1Natural guardian or next friend must qualify as conservator; exception.
  2. 29-3-2Release of debtor when collection doubtful.
  3. 29-3-3Compromise of claim; settlement.
  4. 29-3-4Disqualifications of conservator.
  5. 29-3-5Nomination of testamentary conservator; no notice, bond, or security required; rights, powers, and duties.
  6. 29-3-6Power to appoint conservator.
  7. 29-3-7Preference among individuals for appointment of conservator; court’s ability to ignore preference for best interest of minor.
  8. 29-3-8Petition for appointment of conservator for minor; requirements of petition; notice.
  9. 29-3-9Hearing.
  10. 29-3-10Requirements of order granting conservatorship; required filing of certificate.

Article 2. RIGHTS OF MINOR AND OBLIGATIONS OF CONSERVATOR

  1. 29-3-20Rights of minor; effect on testamentary capacity.
  2. 29-3-21Obligations of conservator; liability of conservator.
  3. 29-3-22Power of conservator; cooperation with guardian of minor.
  4. 29-3-23Rights of conservator to property; disclosure of conflicts of interest.
  5. 29-3-24Oath of conservator.

Article 3. PROPERTY OBLIGATIONS OF CONSERVATOR

  1. 29-3-30Inventory of minor’s property; plan for managing, expending, and distributing minor’s property.
  2. 29-3-31Retention of property or securities; exchange or conversion of assets.
  3. 29-3-32Investment of funds.
  4. 29-3-33Investment in securities; open-end or closed-end management type investments; conflicts of interest.
  5. 29-3-34Investment decisions must coincide with those of a prudent person; acquiring and retention of assets.
  6. 29-3-35Sale of perishable property of minor; sale of stock; disposition of other property; appointment of guardian ad litem; full return to court required; authority of temporary substitute conservator.
  7. 29-3-36Estate plan for minor; appointment of guardian ad litem; considerations prior to property transfer.

Article 4. BONDING OF CONSERVATORS

  1. 29-3-40Bond required; exception; recording of bonds.
  2. 29-3-41Requirements of bond; term and value of bond; appointment without bond; substantial compliance sufficient.
  3. 29-3-42Reduction of bond.
  4. 29-3-43Requirement of additional bond; notice in event of sureties deficiencies; revocation of letters of conservatorship.
  5. 29-3-44Payment of bond premium.
  6. 29-3-45Responsibility of surety in event appointment of conservator void.
  7. 29-3-46Joint and several obligation.
  8. 29-3-47Levy upon property authorized; writ of execution authorized.
  9. 29-3-48Levy upon surety then conservator.
  10. 29-3-49Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement.

Article 5. COMPENSATION OF CONSERVATORS

  1. 29-3-50Amount of compensation conservator owed; compensation to multiple conservators; failure to make annual returns results in forfeiture; renouncing of compensation.
  2. 29-3-51Allowance for reasonable expenses.
  3. 29-3-52Petition for larger compensation; procedural requirements.
  4. 29-3-53Compensation from corporation or business enterprise; effect of compensation; purpose of provisions.
  5. 29-3-54Compensation of temporary substitute conservator; reduction of conservator’s compensation.

Article 6. ACCOUNTING FOR ASSETS

  1. 29-3-60Annual filing of verified return; change of reporting period; production of documents; effect of failure to file return.
  2. 29-3-61Interim settlement of accounts; reporting and requirements of report; procedure for objecting.
  3. 29-3-62Objections to conservator’s interim settlement of accounts; hearing.
  4. 29-3-63Judgment against conservator and surety.
  5. 29-3-64Termination of conservatorship.

Article 7. TERMINATION OF CONSERVATORSHIP

  1. 29-3-70Petition for order of dismissal of conservatorship; final return; notice; order of dismissal.
  2. 29-3-71Final settlements; settlement period; examination of returns and accounts by court; return of property to minor.

Article 8. SUCCESSOR CONSERVATORS

  1. 29-3-80Required showing for resignation of conservator; name of suitable alternate required; notice; order appointing successor conservator.
  2. 29-3-81Individuals entitled to notice; appointment of successor conservator; turning over of property.
  3. 29-3-82Suspension of conservatorship or imposition of sanctions; power of court; liability of conservator.
  4. 29-3-83Cause of action for breach of conservator’s duties; remedies available to minor.
  5. 29-3-84Statute of limitations.

Article 9. TEMPORARY SUBSTITUTE CONSERVATORS

  1. 29-3-90Appointment of temporary substitute conservator; length of appointment; powers; notice; removal.
  2. 29-3-91Appointment of successor conservator; notice; hearing and bond requirements.
  3. 29-3-92Delivery of property; annual return; liability of surety.

Article 10. FOREIGN CONSERVATORSHIPS · Part 1. GENERAL PROVISIONS

  1. 29-3-100Petition for removal to jurisdiction where minor resides; appointment of guardian ad litem; bond; authority; liability of surety; retention of jurisdiction by initial court.

Article 10. FOREIGN CONSERVATORSHIPS · Part 2. PROCEDURE

  1. 29-3-105‘‘Conservatorship’’ defined; petition for transfer of jurisdiction; requirements of petition.
  2. 29-3-106Notice and other procedural requirements.
  3. 29-3-107Hearing.
  4. 29-3-108Required findings prior to granting foreign conservatorship; inventory; applicable law; orderly transfer.

Article 10. FOREIGN CONSERVATORSHIPS · Part 3. JURISDICTION

  1. 29-3-110Transfer of jurisdiction in event minor has permanently moved; determining minor’s residential status; filings.
  2. 29-3-111Requirements of petition to transfer conservatorship.
  3. 29-3-112Notice.
  4. 29-3-113Hearing.
  5. 29-3-114Required findings prior to granting petition to transfer; orderly and coordinated transfer of conservatorship.

Article 10. FOREIGN CONSERVATORSHIPS · Part 4. FOREIGN CONSERVATOR

  1. 29-3-115‘‘Foreign conservator’’ defined; sale of minor’s property.
  2. 29-3-116Right of foreign conservator to bring action.
  3. 29-3-117Filing of letters of conservatorship.
  4. 29-3-118Submission of foreign conservator to jurisdiction.
  5. 29-3-119Rights of interested parties prior to sale of minor’s assets.
  6. 29-3-120Payment of funds or return of property to foreign conservator on minor’s behalf.