O.C.G.A. § 29-2-77 (2019)
Submission to jurisdiction by foreign guardian
A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by:
(1) In this state receiving payment of money or taking delivery of personal property belonging to the minor; or
(2) Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual.
History
(Code 1981, § 29-2-77, enacted by Ga. L. 2004, p. 161, § 1.)
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CHAPTER 3 CONSERVATORS OF MINORS
Article 1
Property.
29-3-1. "Personal property" defined; natural guardian must qualify as conservator; exception.
29-3-2. Release of debtor when collection doubtful.
29-3-3. "Gross settlement" defined; compromise of claim; finality of settlement.
29-3-4. Disqualifications of conservator.
29-3-5. Nomination of testamentary conservator; no notice, bond, or security required; rights, powers, and duties.
29-3-6. Power to appoint conservator.
29-3-7. Preference among individuals for appointment of conservator; court's ability to ignore preference for best interest of minor.
29-3-8. Petition for appointment of conservator for minor; requirements of petition; notice.
29-3-9. Hearing.
29-3-10. Requirements of order granting conservatorship; required filing of certificate.
Article 2
Rights of Minor and Obligations of Conservator.
29-3-20. Rights of minor; effect on testamentary capacity.
29-3-21. Obligations of conservator; liability of conservator.
29-3-22. (For effective date, see note.) Power of conservator; cooperation with guardian of minor.
29-3-23. Rights of conservator to property; disclosure of conflicts of interest.
29-3-24. Oath of conservator.
Article 3
Property Obligations of Conservator.
29-3-30. Inventory of minor's property; plan for managing, expending, and distributing minor's property.
29-3-31. Retention of property or securities; exchange or conversion of assets.
29-3-32. Investment of funds.
29-3-33. Investment in securities; open-end or closed-end management type investments; conflicts of interest.
29-3-34. Investment decisions must coincide with those of a prudent person; acquiring and retention of assets.
29-3-35. Sale 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.
29-3-36. Estate plan for minor; appointment of guardian ad litem; considerations prior to property transfer.
Article 4
Bonding of Conservators.
29-3-40. Bond required; exception; recording of bonds.
29-3-41. Requirements of bond; term and value of bond; substantial compliance sufficient.
29-3-42. Reduction of bond.
29-3-43. Requirement of additional bond; notice in event of sureties deficiencies; revocation of letters of conservatorship.
29-3-44. (For effective date, see note.) Payment of bond premium.
29-3-45. Responsibility of surety in event appointment of conservator void.
29-3-46. Joint and several obligation.
29-3-47. Levy upon property authorized; writ of execution authorized.
29-3-48. Levy upon surety then conservator.
29-3-49. Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement.
Article 5
Compensation of Conservators.
29-3-50. Amount of compensation conservator owed; compensation to multiple conservators; failure to make annual returns results in forfeiture; renouncing of compensation.
29-3-51. Allowance for reasonable expenses.
29-3-52. Petition for larger compensation; procedural requirements.
29-3-53. Compensation from corporation or business enterprise; effect of compensation; purpose of provisions.
29-3-54. Compensation of temporary substitute conservator; reduction of conservator's compensation.
Article 6
Accounting for Assets.
29-3-60. Annual filing of verified return; change of reporting period; production of documents; effect of failure to file return.
29-3-61. Interim settlement of accounts; reporting and requirements of report; procedure for objecting.
29-3-62. Objections to conservator's interim settlement of accounts; hearing.
29-3-63. Judgment against conservator and surety.
29-3-64. Termination of conservatorship.
Article 7
Termination of Conservatorship.
29-3-70. Petition for order of dismissal of conservatorship; final return; notice; order of dismissal.
29-3-71. Final settlements; settlement period; examination of returns and accounts by court; return of property to minor.
Article 8
Successor Conservators.
29-3-80. Required showing for resignation of conservator; name of suitable alternate required; notice; order appointing successor conservator.
29-3-81. Individuals entitled to notice; appointment of successor conservator; turning over of property.
29-3-82. Suspension of conservatorship or imposition of sanctions; power of court; liability of conservator.
29-3-83. Cause of action for breach of conservator's duties; remedies available to minor.
29-3-84. Statute of limitations.
Article 9
Temporary Substitute Conservators.
29-3-90. Appointment of temporary substitute conservator; length of appointment; powers; notice; removal.
29-3-91. Appointment of successor conservator; notice; hearing and bond requirements.
29-3-92. Delivery of property; annual return; liability of surety.
Article 10
Foreign Conservatorships.
Part 1
GENERAL PROVISIONS.
29-3-100. Petition for removal to jurisdiction where minor resides; appointment of guardian ad litem; bond; authority; liability of surety; retention of jurisdiction by initial court.
Part 2
PROCEDURE.
29-3-105. "Conservatorship" defined; petition for transfer of jurisdiction; requirements of petition.
29-3-106. Notice and other procedural requirements.
29-3-107. Hearing.
29-3-108. Required findings prior to granting foreign conservatorship; inventory; applicable law; orderly transfer.
Part 3
JURISDICTION.
29-3-110. Transfer of jurisdiction in event minor has permanently moved; determining minor's residential status; filings.
29-3-111. Requirements of petition to transfer conservatorship.
29-3-112. Notice.
29-3-113. Hearing.
29-3-114. Required findings prior to granting petition to transfer; orderly and coordinated transfer of conservatorship.
Part 4
FOREIGN CONSERVATOR.
29-3-115. "Foreign conservator" defined; sale of minor's property.
29-3-116. Right of foreign conservator to bring action.
29-3-117. Filing of letters of conservatorship.
29-3-118. Submission of foreign conservator to jurisdiction.
29-3-119. Rights of interested parties prior to sale of minor's assets.
29-3-120. Payment of funds or return of property to foreign conservator on minor's behalf.
Annotations
CHAPTER 3 CONSERVATORS OF MINORS Sec.
Article 1 Property Sec.
‘‘Personal property’’ defined; natural guardian must qualify as conservator; exception. Release of debtor when collection doubtful. ‘‘Gross settlement’’ defined; compromise of claim; finality of settlement. Disqualifications of conservator. Nomination of testamentary conservator; no notice, bond, or security required; rights, powers, and duties. Power to appoint conservator. Preference among individuals for appointment of conservator; court’s ability to ignore preference for best interest of minor. Petition for appointment of conservator for minor; requirements of petition; notice. Hearing. Requirements of order granting conservatorship; required filing of certificate.
Article 4 Bonding of Conservators
Article 2
Rights of Minor and Obligations of Conservator
Rights of minor; effect on testamentary capacity. Obligations of conservator; liability of conservator. Power of conservator; cooperation with guardian of minor. Rights of conservator to property; disclosure of conflicts of interest. Oath of conservator. Article 3
Property Obligations of Conservator
plan for managing, expending, and distributing minor’s property. Retention of property or securities; exchange or conversion of assets. Investment of funds. Investment in securities; open-end or closed-end management type investments; conflicts of interest. Investment decisions must coincide with those of a prudent person; acquiring and retention of assets. Sale 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. Estate plan for minor; appointment of guardian ad litem; considerations prior to property transfer.
Inventory of minor’s property;
Bond required; exception; recording of bonds. Requirements of bond; term and value of bond; substantial compliance sufficient. Reduction of bond. Requirement of additional bond; notice in event of sureties deficiencies; revocation of letters of conservatorship. Payment of bond premium. Responsibility of surety in event appointment of conservator void. Joint and several obligation. Levy upon property authorized; writ of execution authorized. Levy upon surety then conservator.
Sec.
Sec. Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement.
and accounts by court; return of property to minor. Article 8 Successor Conservators
Article 5 Compensation of Conservators
Amount of compensation conservator owed; compensation to multiple conservators; failure to make annual returns results in forfeiture; renouncing of compensation. Allowance for reasonable expenses. Petition for larger compensation; procedural requirements. Compensation from corporation or business enterprise; effect of compensation; purpose of provisions. Compensation of temporary substitute conservator; reduction of conservator’s compensation.
Article 9
Accounting for Assets
Annual filing of verified return; change of reporting period; production of documents; effect of failure to file return. Interim settlement of accounts; reporting and requirements of report; procedure for objecting. Objections to conservator’s interim settlement of accounts; hearing. Judgment against conservator and surety. Termination of conservatorship. Article 7
Termination of Conservatorship
Petition for order of dismissal of conservatorship; final return; notice; order of dismissal. Final settlements; settlement period; examination of returns
Required showing for resignation of conservator; name of suitable alternate required; notice; order appointing successor conservator. Individuals entitled to notice; appointment of successor conservator; turning over of property. Suspension of conservatorship or imposition of sanctions; power of court; liability of conservator. Cause of action for breach of conservator’s duties; remedies available to minor. Statute of limitations.
Temporary Substitute Conservators
Article 6
Appointment of temporary substitute conservator; length of appointment; powers; notice; removal. Appointment of successor conservator; notice; hearing and bond requirements. Delivery of property; annual return; liability of surety. Article 10
Foreign Conservatorships PART 1 GENERAL PROVISIONS