ARTICLE 10 FOREIGN CONSERVATORSHIPS

29-3-114. Required findings prior to granting petition to transfer; orderly and coordinated transfer of conservatorship.

The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:

The conservator is presently in good standing with the court; and
The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the minor.

In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:

Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed;
Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
1. The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
2. Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;
3. Reports of physical or mental health practitioners describing the condition of the minor; and
4. Periodic status reports on the condition of the minor and the minor's assets; and
Require the conservator to file an inventory of the minor's property at the time of the transfer to the foreign jurisdiction.

As necessary to coordinate the transfer of the conservatorship the court is authorized to:

Delay the effective date of the transfer for a reasonable period of time;
Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction;
Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.

(Code 1981, §29-3-114, enacted by Ga. L. 2004, p. 161, § 1.)

For purposes of this part, a "foreign conservator" is a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of a minor and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article.
Any foreign conservator of a minor who resides in any other state and who is authorized to sell and convey property of the minor may sell property of the minor which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the conservatorship, as provided by law.

(Code 1981, §29-3-115, enacted by Ga. L. 2004, p. 161, § 1.)

- 39 C.J.S., Guardian and Ward, § 274 et seq.

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