O.C.G.A.

O.C.G.A. § 29-3-92 (2019)

Delivery of property; annual return; liability of surety

✓ 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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Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the minor held by the conservator and shall submit a final return covering the period since the conservator’s last annual return. The surety of the predecessor conservator shall be liable for all acts of the conservator in relation to the minor’s property up to the time of the receipt of all of the minor’s property by the successor conservator.

History

(Code 1981, § 29-3-92, enacted by Ga. L. 2004, p. 161, § 1.)

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1848 are included in the annotations for this Code section. Debts due to guardian individually cannot be left to successor. - Guardian cannot discharge trust by turning over to successor debts due to the guardian individually from successor. Such is the rule, though successor be solvent at time, if, owing to the successor’s subsequent

insolvency, the ward is injured by settlement. Manning v. Manning, 61 Ga. 137 (1878) (decided under former Code 1873, § 1848); Maynard v. Cleveland, 76 Ga. 52 (1885) (decided under former Code 1882, § 1848). Order permitting resignation is not judgment that full settlement and accounting have been made. King v. Hughes, 52 Ga. 600 (1874) (decided under former Code 1873, § 1848).

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, §§ 164 et seq., 185 et seq. C.J.S. - 39 C.J.S., Guardian and Ward,

§§ 41 et seq., 75 et seq., 210 et seq., 281, 283 et seq. ALR. - Construction and application

of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199.

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

ARTICLE 10 FOREIGN CONSERVATORSHIPS PART 1 GENERAL PROVISIONS