O.C.G.A.

O.C.G.A. § 29-2-52 (2019)

Delivery of property to successor guardian; reporting requirements

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Upon the appointment of a successor guardian, the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property of the minor held by the guardian and shall submit a final status report covering the period since the guardian’s last status report.

History

(Code 1981, § 29-2-52, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1848 and former Code 1882, § 1848 are included in the annotations for this Code section. Debts due to guardian individually cannot be left to successor. - Guardian cannot discharge trust by turning over to successor debts due to the guardian individually from successor. Such is the rule, though successor be solvent at time, if, owing to the successor’s subsequent

insolvency, the ward is injured by settlement. Manning v. Manning, 61 Ga. 137 (1878) (decided under former Code 1873, § 1848); Maynard v. Cleveland, 76 Ga. 52 (1885) (decided under former Code 1882, § 1848). Order permitting resignation is not judgment that full settlement and accounting have been made. King v. Hughes, 52 Ga. 600 (1874) (decided under former Code 1873, § 1848);.

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, §§ 10, 56, 85, 88. C.J.S. - 39 C.J.S., Guardian and Ward, §§ 41 et seq., 75 et seq., 210 et seq., 281, 283 et seq. ALR. - Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or

administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199. Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.

ARTICLE 6 JURISDICTION Cross references. - Appointment of guardian, § 15-11-30.1. RESEARCH REFERENCES Am. Jur. Trials. - 138 Am. Jur. Trials, Guardianships, § 15 et seq.

C.J.S. - 39 C.J.S., Guardian and Ward, §§ 17 et seq., 261 et seq.

T.29, C.2, A.6, P.1

PART 1 GENERAL PROVISIONS

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: Osborne Bonding & Sur. Co. v. Glaze, 497 S.E.2d 612 (Ga. Ct. App. 1998).

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Osborne Bonding & Sur. Co. v. Glaze, 497 S.E.2d 612 (Ga. Ct. App. 1998). · cites it 8× “There is no merit to Osborne’s argument that, based on Esposito’s pre-removal misconduct, the trial court was required under OCGA § 29-2-52 to grant Osborne’s petition for relief from any obligation undertaken by Osborne to act as surety under the bonds, and thereby discharge…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.