O.C.G.A. § 29-4-30 (2019)
(For effective date, see note.) Bond; recording of bond; payment of bond premium
(a) (1) (For effective date, see note.) A guardian, including a guardian appointed in a final order accepting the transfer of a guardianship proceeding from another state issued under subsection (e) of Code Section 29-11-21, may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.
(2) With respect to a guardianship order from another state that has been registered with and recorded by the court under Code Section 29-11-30, in addition to any action the court may take under paragraph (1) of this subsection or under subsection (b) of Code Section 29-11-32, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of any action relating to a bond of such guardian, stating the reasons therefor.
(b) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
(c) (For effective date, see note.) If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state, the bond premium shall, upon the request of the guardian, be paid from the estate of the ward.
History
(Code 1981, § 29-4-30, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2019, p. 693, § 10/HB 70.)
Annotations
Delayed effective date. - Subsections (a) and (c), as set out above, become effective January 1, 2020. For version of subsections (a) and (c) in effect until January 1, 2020, see the 2019 amendment note.
The 2019 amendment, effective January 1, 2020, substituted the present provisions of subsection (a) for the former provisions, which read: "A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time."; and substituted "shall, upon the request of the guardian, be paid from the estate of the ward" for "may be paid as part of the cost of administration" in subsection (c).
JUDICIAL DECISIONS
Editor's notes. - In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 2528, former Code 1873, § 1812, and former Code 1933, § 49-113 are included in the annotations for this Code section.
Only substantial compliance with statutes in execution of bonds required. - Policy of the law as to all bonds required by statute, and especially as to bonds of guardians, administrators, and like trustees, is to disregard mere formalities, and to require only substantial compliance to secure all statutory remedies to persons injured by their breach. United States Fid. & Guar. Co. v. Davis, 2 Ga. App. 525, 58 S.E. 777 (1907) (decided under former Civil Code 1895, § 2528).
Grant of letters without bond not void without notice. - In all cases of appointment by ordinary (now judge of probate court) of guardian of a minor - whether the clerk of the superior court or some other proper person - bond should be required; but the grant of letters without taking bond would not be void as against a bona fide purchaser under the guardian, without notice of want of a bond. Cuyler v. Wayne, 64 Ga. 78 (1879) (decided under former Code 1873, § 1812).
Commingling of funds and failure to account is breach. - Deposit of ward's funds to individual account of guardian, and failure to account therefor, is per se a breach of bond. Hawes v. Standard Accident Ins. Co., 54 Ga. App. 776, 189 S.E. 59 (1936) (decided under former Code 1933, § 49-113).
Void sale does not amount to breach. - Where sale of realty conducted by guardian is illegal and void, title to property sold does not pass, and heirs and distributees may assert their title to property so sold, so that there is no such loss to them as would amount to breach of bond of administrator and render surety thereon liable. Hawes v. Standard Accident Ins. Co., 54 Ga. App. 776, 189 S.E. 59 (1936) (decided under former Code 1933, § 49-113).
Cited in Speck v. Speck, 42 Ga. App. 517, 156 S.E. 706 (1931); Kinsey v. Fidelity & Cas. Co., 53 Ga. App. 674, 187 S.E. 246 (1936); Brown v. Gibson, 203 Ga. 213, 46 S.E.2d 68 (1948); Tucker v. American Sur. Co., 191 F.2d 959 (5th Cir. 1951).
RESEARCH REFERENCES
Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, §§ 67, 188 et seq.
C.J.S. - 39 C.J.S., Guardian and Ward, §§ 13, 14, 35, 36, 50 et seq., 283 et seq.
ALR. - Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.
Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.
Official bond of executor, administrator, guardian, or trustee as covering appeal taken by him, 132 A.L.R. 1280.
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ARTICLE 5 REVIEW AND TERMINATION OF GUARDIANSHIP
RESEARCH REFERENCES
C.J.S. - 39 C.J.S., Guardian and Ward, § 41 et seq.