SB 98: Guardian and Ward; county conservators; provide

Under current Georgia law, county administrators serve as ex officio county guardians and handle both guardianship (personal care decisions) and conservatorship (managing money and property) for minors and incapacitated adults who lack another suitable person. This bill splits that combined role by creating a new position called county conservator, distinct from county guardian, though the same county administrator will serve in both roles. The bill rewrites dozens of sections across Title 29 of the Georgia Code to replace references to county guardian with county conservator wherever the duty actually involves managing property rather than personal care. It requires county conservators to post an additional $5,000 bond, similar to current county guardian requirements. Existing county guardians who are already acting as conservators become county conservators automatically by operation of law starting July 1, 2025, without needing a new bond unless a court orders one for good cause. The law takes effect July 1, 2025.

• Creates a new legal role, county conservator, separate from county guardian, to handle financial and property management duties for wards.
• Requires county administrators to serve as ex officio county conservators in addition to their existing role as ex officio county guardians.
• Requires county conservators to post an additional $5,000 bond payable to the court, the same amount currently required of county guardians.
• Automatically redesignates any county guardian currently acting as a conservator as a county conservator by operation of law starting July 1, 2025, generally without requiring a new bond.
• Amends Georgia's county administrator law (O.C.G.A. Title 53) so county administrators keep the same powers and legal duties whether serving as county guardian or county conservator.
• Requires county guardians and county conservators to cooperate with each other and with public guardians when serving the same ward.

County administrators and probate courts across Georgia, who will now formally track and manage two distinct roles instead of one; minors and incapacitated adults (wards) who rely on court-appointed guardians or conservators; and any person with a financial claim against a county guardian or conservator's bond.

Families and courts dealing with guardianship and conservatorship cases will see county administrators formally split into two titles with separate letters of appointment, which could clarify who is responsible for personal care decisions versus financial management for a ward, without changing who actually does the work.

• Section 1 adds a new definition of 'county conservator' to O.C.G.A. § 29-1-1, distinguishing it from the existing 'county guardian' definition.
• Sections 2, 4, 5, and 7 replace references to 'county guardian' with 'county conservator' in various sections governing preference for appointment and temporary substitute conservators.
• Section 8 amends O.C.G.A. § 29-8-1 so county administrators serve as ex officio county conservators as well as ex officio county guardians.
• Section 9 amends O.C.G.A. § 29-8-2 to require county conservators to give an additional $5,000 bond, mirroring the existing bond requirement for county guardians.
• Section 10 amends O.C.G.A. § 29-8-3 so courts issue separate letters of guardianship to county guardians and separate letters of conservatorship to county conservators.
• Section 13 adds new O.C.G.A. § 29-8-6, automatically redesignating a county guardian acting as conservator as a county conservator by operation of law after July 1, 2025, generally without a new bond.
• Sections 15 and 16 amend Georgia's county administrator law (O.C.G.A. Title 53) to extend the same powers, duties, and pay rules to the new county conservator role.
• Section 17 sets the effective date of the Act as July 1, 2025.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 283
3. 2025-05-14Senate Date Signed by Governor (Senado)
4. 2025-04-07Senate Sent to Governor (Senado)
5. 2025-03-21House Passed/Adopted (Cámara de Representantes)
6. 2025-03-21House Third Readers (Cámara de Representantes)
7. 2025-03-13House Committee Favorably Reported (Cámara de Representantes)
8. 2025-02-24House Second Readers (Cámara de Representantes)

• Bill Cowsert (R, SD-046)Patrocinador principal
• Brian Strickland (R, SD-042)
• Frank Ginn (R, SD-047)
• Ben Watson (R, SD-001)
• Kay Kirkpatrick (R, SD-032)
• Mitchell Scoggins (R, HD-014)

1. AprobadaVotación: Senado20 de febrero de 2025

   50 a favor, 0 en contra (3 sin votar, 3 ausentes)

   Passage By Substitute: Senate Vote #70

2. AprobadaVotación: Cámara de Representantes21 de marzo de 2025

   162 a favor, 0 en contra (5 sin votar, 13 ausentes)

   Passage: House Vote #298

• guardianship law
• conservatorship
• probate courts
• county administrators
• elder and disability law