O.C.G.A. § 29-4-98 (2019)
Submission to jurisdiction
A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by:
(1) Receiving payment of money or taking delivery of personal property in this state belonging to the ward; or
(2) Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual.
History
(Code 1981, § 29-4-98, enacted by Ga. L. 2004, p. 161, § 1.)
Annotations
CHAPTER 5 CONSERVATORS OF ADULTS Sec.
Article 1 Conservators Sec.
Conservator for adults; best interest of the adult; no presumption of need for conservator; objective of conservatorship. Qualifications of conservator of adult. Order of preference in selecting conservator; nomination of individual to serve as conservator; requirements of nomination. Affidavit on property or value of estate; payment, transfer, or delivery pursuant to affidavit.
Article 4
Article 2 Petition for Appointed Conservator
Protection of Property Interests
Petition for appointment of conservator; requirements of petition. Prerequisite finding prior to appointment of conservator; notice; evaluation; written report. Judicial review and proceedings. Requirements of order granting conservatorship; service; obligation of legal counsel; filing of certificate of conservatorship with court. Appointment of emergency conservator; requirements of petition. Review of petition; dismissal; requirements of court upon finding need for emergency conservator. Emergency conservatorship hearing; limitations on powers of emergency conservator. Responsibility for paying expenses of any hearing.
Rights and Responsibilities of Ward
Inventory and plan for handling ward’s property. Retention of property; exchange or conversion of stocks or securities. Investment of estate funds by conservator. Holding of investments; corporate fiduciaries. Prudence required from conservator in making investments; acquisition and retention of property. Sale of perishable property; sale of other properties; disposal of other properties; accounting for proceeds; authority of emergency or temporary substitute conservator. Development of estate plan for ward; appointment of guardian ad litem prior to implementation of plan. Article 5
Conservator’s Bond and Other Obligations
Article 3
right to vote or testamentary capacity. Rights and powers removed from ward. Obligations and liabilities of conservator. Authority of conservator; cooperation with guardian or other interested parties. Forfeiture of rights by conservator; disclosure of conflicts by conservator; transactions presenting substantial conflict in interests. Oath or affirmation required of conservator.
Rights of adult ward; impact on
Bond requirement; exception to requirement; recording.
Sec.
Sec. Terms of conservator’s bond; timing; value; substantial compliance sufficient. Reduction in bond. Requirement of additional bond or security. Payment of bond premium. Liability of surety in event conservatorship is void. Joint and several liability of conservator and surety. Levy upon property; writs of execution. Order of levy against property. Discharge of surety from obligations under bond; reporting.
Dismissal of Conservator
Compensation of Conservators
Removal of Conservator for Other Reasons
Return and Settlement of Accounts
Verified return required annually; change of reporting period; production of documents; failure to file return. Interim settlement of accounts. Objection and hearings on interim settlement issues. Judgments against conservator and surety. Article 8
Modification and Termination of Conservatorship
Petition for dismissal of conservator; final return; notice; order dismissing conservator. Final settlement; appearance by ward or successor conservator; return of property. Article 10
Determining compensation of conservator; failure to file annual returns results in forfeiture of commission. Reimbursement for reasonable expenses. Petition for additional compensation by conservator. Compensation from corporation or other business entity. Application for compensation by emergency or temporary substitute conservator; reduction of compensation to conservator. Article 7
that ward denied right or privilege. Modification of conservatorship; contents of petition for modification; burden of proof. Termination of conservatorship; required evidence to support; burden of proof; death of ward. Article 9
Article 6
Proceedings when allegations
Resignation of conservator; requirement of petition; alternative conservator; notice to interested individuals; order of appointment of successor conservator. Death of conservator; notice to interested individuals; order appointing successor conservator. Conservator required to answer charges; authority of court; effect on other proceedings. Cause of action for breach of fiduciary duty. Statute of limitations. Article 11
Temporary Substitute Conservator