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O.C.G.A. § 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 | Georgia Code
O.C.G.A. § 29-3-100 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 29 GUARDIAN AND WARD

Section 3. Conservators of Minors, 29-3-1 through 29-3-120.

ARTICLE 10 FOREIGN CONSERVATORSHIPS

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.

  1. A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the minor resides.
  2. Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the minor.
  3. Before the removal of the conservatorship to another county in this state, the conservator must give bond and good security to the court of such county as if the conservator had been first appointed by that court and a certificate to this effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the county to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship.
  4. Following removal of a conservatorship to another county in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the conservator as if the conservator had been first appointed in that county, and every case growing out of or affecting the conservatorship shall be heard and tried only in the county to which the conservatorship has been removed.
  5. The sureties on the conservator's first bond shall be liable only for misconduct of the conservator up until the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator.
  6. The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a conservator shall retain jurisdiction of such matters even though the conservatorship has been removed to another county.

(Code 1981, §29-3-100, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1812, Cobb's 1851 Digest, p. 318 and Code 1933, § 49-239 are included in the annotations for this Code section.

Compliance discharges surety from further liability on account of guardian.

- When provisions of the Act of 1812 (former O.C.G.A. § 29-2-70) are fully complied with, sureties on first bond are discharged from all further liability on account of their principal. Justices of Inferior Court ex rel. Selman v. Selman, 6 Ga. 432 (1849) (decided under Ga. L. 1812, Cobb's 1851 Digest, p. 318).

For jurisdiction over removal and new appointments where guardian moves from county without removing trust, see Fouts v. Flythe, 54 Ga. App. 108, 187 S.E. 160 (1936) (decided under former Code 1933, § 49-239).

Cited in Jennings v. Longino, 49 Ga. App. 494, 176 S.E. 94 (1934); Great Am. Indem. Co. v. Jeffries, 65 Ga. App. 686, 16 S.E.2d 135 (1941); Rogers v. Taintor, 93 Ga. App. 54, 90 S.E.2d 629 (1955).

RESEARCH REFERENCES

ALR.

- Guardianship of incompetent or infant as affecting venue of action, 11 A.L.R. 167.

PART 2 P ROCEDURE

29-3-105. "Conservatorship" defined; petition for transfer of jurisdiction; requirements of petition.

  1. For purposes of this part and Part 3 of this article, the term "conservatorship" refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of a minor, thereby becoming a conservator.
  2. A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the minor resides or may reside.
  3. The petition shall include the following:
    1. An authenticated copy of the foreign conservatorship order, including:
      1. All attachments describing the duties and powers of the conservator; and
      2. All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;
    2. The address of the foreign court which issued the conservatorship order;
    3. A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
    4. The petitioner's name, address, and county of domicile;
    5. The name, age, and current address of the minor;
    6. The names and current addresses of the adult siblings of the minor, if any;
    7. The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving;
    8. The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
    9. The name and address of the minor's guardian, if any;
    10. The name and address of the surety on the conservator's bond;
    11. The reason the transfer is in the minor's best interest; and
    12. To the extent known to the petitioner, a statement of the location and estimated value of the minor's property and the source and amount of any anticipated income or receipts.
  4. The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.

(Code 1981, §29-3-105, enacted by Ga. L. 2004, p. 161, § 1.)

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