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2018 Georgia Code 29-4-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-4-43 Case Law from Google Scholar Amendments to OCGA 29-4-43

TITLE 29 GUARDIAN AND WARD

Section 4. Guardians of Adults, 29-4-1 through 29-4-98.

ARTICLE 5 REVIEW AND TERMINATION OF GUARDIANSHIP

29-4-43. Petition of guardian for dismissal; order of dismissal.

  1. Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of Code Section 29-4-22. Notice shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed.
  2. If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. An order dismissing the guardian shall not bar an action against the guardian.

(Code 1981, §29-4-43, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1850, Cobb's 1851 Digest, p. 340, former Code 1882, § 1849, former Civil Code 1895, §§ 2567, 2568, former Code 1933, § 49-314, and former O.C.G.A. § 29-2-84 are included in the annotations for this Code section.

Letters of dismission act as bar to matters they cured.

- Letters of dismission granted to guardian, like other judgments of courts of competent jurisdiction, are a bar as to matters cured by them, unless set aside for fraud in their procurement or for other sufficient cause. Mobley v. Mobley, 9 Ga. 247 (1851) (decided under Ga. L. 1850, Cobb's 1851 Digest, p. 340); Poullain v. Poullain, 72 Ga. 412 (1884); Poullain v. Poullain, 76 Ga. 420, 4 S.E. 92 (1886) (decided under former Code 1882, § 1849);(decided under former Code 1882, § 1849).

Dismissal presupposes a validly appointed guardian. Gay v. Gay, 121 Ga. App. 287, 173 S.E.2d 712 (1970) (decided under former Code 1933, § 49-314).

Dismissal amounts to adjudication that guardian has fully and completely performed all duties of trust. Gay v. Gay, 121 Ga. App. 287, 173 S.E.2d 712 (1970) (decided under former Code 1933, § 49-314).

Discharge without notice publication does not bar suit.

- Discharge granted without compliance with notice publication requirement does not bar suit on guardian's bond. Griffin v. Collins, 122 Ga. 102, 49 S.E. 827 (1905) (decided under former Civil Code 1895, § 2567).

Discharge without notice does not bar personal jurisdiction.

- Where an application for dismission of a guardian was published as required by former O.C.G.A. § 29-2-84(a), the probate court did not lack personal jurisdiction even though the ward was never served with notice of the dismission. Utica Mut. Ins. Co. v. Mitchell, 227 Ga. App. 830, 490 S.E.2d 489 (1997) (decided under former O.C.G.A. § 29-2-84).

Possibility of conflict of interest does not require refusal of dismission.

- Mere possibility of conflict between personal interest of guardian who is salaried officer and director in corporation in which ward owns stock and interest of guardian's ward will not require refusal of letters of dismission to guardian. Gay v. Gay, 226 Ga. 90, 172 S.E.2d 690 (1970) (decided under former Code 1933, § 49-314).

Cited in Heist v. Dunlap & Co., 193 Ga. 462, 18 S.E.2d 837 (1942).

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, § 41 et seq.

ALR.

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

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 29-4-43.