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2018 Georgia Code 29-3-71 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-3-71 Case Law from Google Scholar Amendments to OCGA 29-3-71

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 7 TERMINATION OF CONSERVATORSHIP

29-3-71. Final settlements; settlement period; examination of returns and accounts by court; return of property to minor.

  1. A minor who has reached the age of majority, the personal representative of a deceased minor, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservator's personal representative to appear and submit to a final settlement of the conservator's accounts. Alternatively, the court on its own motion may issue such an order. The settlement period shall be the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. If the conservator fails or refuses to appear as cited, the court may proceed without the appearance of the conservator. If the conservator has been required to give bond, the surety on the bond shall be bound by the settlement if the surety is given notice by first-class mail of the settlement proceeding.
  2. A conservator, a former conservator, the conservator of a conservator, or the personal representative of a deceased conservator shall be allowed to cite the minor, the minor's personal representative, or a successor conservator to appear and be present at a final settlement of the conservator's accounts and discharge from liability in the manner provided for in subsection (a) of this Code section. The settlement period shall be the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. Notice by first-class mail of the settlement proceeding must be given to the surety on the conservator's bond and to the minor's guardian, if any. If the minor has not reached 18 years of age or if the conservator is the minor's personal representative, the court shall appoint a guardian ad litem for the minor who shall be served personally.
  3. Upon the return of a notice referred to in subsections (a) and (b) of this Code section, the court shall proceed to examine all returns and accounts of the conservator during the settlement period and to hear any objection to the settlement and discharge.
  4. The court shall order any property in the hands of the conservator to be delivered to the minor, the minor's personal representative, or to the successor conservator and shall issue a judgment, writ of fieri facias, and execution thereon for any sums found to be due from the conservator. If the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.
  5. When a minor ward for whom the county administrator or county guardian has been previously appointed as conservator dies intestate, the conservator shall proceed to distribute the minor ward's estate in the same manner as if the conservator had been appointed administrator of the estate. The sureties on the conservator's bond shall be responsible for the conservator's faithful administration and distribution of the estate.

(Code 1981, §29-3-71, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2006, p. 805, § 9/SB 534.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1839, former Code 1882, §§ 1839, 1849, former Code 1895, § 2567, former Civil Code 1895, § 2568, former Code 1933, §§ 49-301 and 49-314, and former O.C.G.A. § 29-2-84 are included in the annotations for this Code section.

Constitutionality.

- Davis v. Harper, 54 Ga. 180 (1875) (decided under former Code 1873, § 1839).

Ward seeking accounting must apply to probate court.

- Where duly qualified guardian had not filed for approval any annual returns, ward should have applied to ordinary (now judge of probate court), instead of superior court, for accounting which ward was seeking. Moon v. Moon, 215 Ga. 110, 109 S.E.2d 39 (1959) (decided under former Code 1933, § 49-301).

Of age ward can cite former guardian for settlement.

- Upon arriving at age, ward can cite former guardian, to appear before ordinary (now judge of probate court) for settlement of the guardian's accounts, whether the guardian was, in fact, guardian at the time of such citation and hearing or not. Hood v. Perry, 73 Ga. 319 (1884) (decided under former Code 1882, § 1839).

Relationship of guardian and ward does not terminate for settlement purposes when ward reaches majority. Pettigrew v. Williams, 65 Ga. App. 576, 16 S.E.2d 120 (1941) (decided under former Code 1933, § 49-301).

When ward reaches majority, relationship of guardian and ward continues only for purposes of settlement. Donehoo v. Commercial Bank & Trust Co., 124 Ga. App. 588, 184 S.E.2d 690 (1971) (decided under former Code 1933, § 49-301).

Ward is not barred by statute of limitations in seeking accounting and settlement with guardian. Pettigrew v. Williams, 65 Ga. App. 576, 16 S.E.2d 120 (1941) (decided under former Code 1933, § 49-301).

Approval not conclusive when given when ward was minor.

- Approval of returns by probate court when ward was an infant is not conclusive against ward. Pettigrew v. Williams, 65 Ga. App. 576, 16 S.E.2d 120 (1941) (decided under former Code 1933, § 49-301).

Application to executor of deceased guardian.

- See Cunningham v. Schley, 34 Ga. 395 (1866) (decided under former Code 1863, § 1790).

Citation for settlement of non-resident guardian.

- A guardian who has obtained letters of guardianship in one county but lives in another county becomes a quasi officer of the appointing court and may be cited by ordinary (now judge of probate court) of that county. Usry v. Usry, 82 Ga. 198, 8 S.E. 60 (1888) (decided under former Code 1882, § 1839).

Citation of non-resident guardian when not subject to court's jurisdiction.

- An ordinary (now judge of probate court) does not have jurisdiction to cite for settlement a guardian who was not appointed by the judge and who had never, in any way, been subject to jurisdiction of such judge and acknowledgment of service of citation was no waiver of jurisdiction where guardian did not appear or plead to the citation. Jackson v. Hitchcock, 48 Ga. 491 (1873) (decided under former Code 1873, § 1839).

Pleading which attacks approved returns of guardian must be specific. Pettigrew v. Williams, 65 Ga. App. 576, 16 S.E.2d 120 (1941) (decided under former Code 1933, § 49-301).

Petitions in substantial compliance with law.

- See Weldon v. Patrick, 69 Ga. 724 (1882) (decided under former Code 1882, § 1839); De Loach v. Waters, 54 Ga. App. 386, 188 S.E. 58 (1936);(decided under former Code 1933, § 49-301).

One palpable item casts suspicion upon all.

- The law presumes that one palpable item casts suspicion upon entire account. Poullain v. Poullain, 76 Ga. 420, 4 S.E. 92 (1886) (decided under former Code 1882, § 1849).

Mingling with ward's uninvested funds incurs liability for interest.

- While a guardian may have the right to hold funds of the ward, uninvested, for purpose of paying off a judgment as to which there is pending litigation, if the guardian mingles such funds with the guardian's own, the guardian is liable for interest thereon, even though the guardian individually has at all times with banks, enough money to settle fully with the ward, none of such money being deposited by the depositor as guardian. Jones v. Nolan, 120 Ga. 588, 48 S.E. 166 (1904) (decided under former Civil Code 1895, § 2568).

Cited in Johnston v. James, 48 Ga. 554 (1873); Jennings v. Longino, 49 Ga. App. 494, 176 S.E. 94 (1934); Heist v. Dunlap & Co., 193 Ga. 462, 18 S.E.2d 837 (1942); Head v. Head, 234 Ga. App. 469, 507 S.E.2d 214 (1998).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, § 164 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, § 210 et seq.

ALR.

- Rate of interest chargeable against guardians, executors or administrators, and trustees, 112 A.L.R. 833; 156 A.L.R. 936.

Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.

Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757.

Guardian's position as joint tenant of or successor to property in ward's estate as raising conflict of interest, 69 A.L.R.3d 1198.

No results found for Georgia Code 29-3-71.