O.C.G.A.
O.C.G.A.

O.C.G.A. § 29-2-77 (2019)

Submission to jurisdiction by foreign guardian

✓ 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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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.)

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

Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: Utica Mut. Ins. v. Mitchell, 490 S.E.2d 489 (Ga. Ct. App. 1997).
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Utica Mut. Ins. v. Mitchell, 490 S.E.2d 489 (Ga. Ct. App. 1997). · cites it 18× “In particular, the dissent states that notice was required under OCGA § 9-11-4 or OCGA § 29-2-77. A reading of those statutes, though, shows that they do not require such notice.”
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.