O.C.G.A. § 29-4-98 (2019)
(For effective date, see note.) Submission to jurisdiction; registration of guardianship order
(a) 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;
(2) Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual; or
(3) Registering the guardianship order in this state pursuant to Code Section 29-11-30.
(b) With respect to a guardianship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-30, in addition to any action such court of this state may take under this part 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 proceeding relating to the guardianship initiated in this state under subsection (a) of this Code section, stating the reasons therefor.
History
(Code 1981, § 29-4-98, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 12/HB 70.)
Annotations
Delayed effective date. - This Code section, as set out above, becomes effective January 1, 2020. For version of this Code section in effect until January 1, 2020, see the 2019 amendment note.
The 2019 amendment, effective January 1, 2020, designated the existing provisions of this Code section as subsection (a); deleted "or" at the end of paragraph (a)(1); substituted "; or" for a period at the end of paragraph (a)(2); added paragraph (a)(3); and added subsection (b).
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CHAPTER 5 CONSERVATORS OF ADULTS
Article 1
Conservators.
29-5-1. (For effective date, see note.) Conservator for adults; best interest of the adult; no presumption of need for conservator; objective of conservatorship.
29-5-2. Qualifications of conservator of adult.
29-5-3. Order of preference in selecting conservator; nomination of individual to serve as conservator; requirements of nomination.
29-5-4. Affidavit on property or value of estate; payment, transfer, or delivery pursuant to affidavit.
Article 2
Petition for Appointed Conservator.
29-5-10. (For effective date, see note.) Petition for appointment of conservator; requirements of petition.
29-5-11. Prerequisite finding prior to appointment of conservator; notice; evaluation; written report.
29-5-12. Judicial review and proceedings.
29-5-13. Requirements of order granting conservatorship; service; obligation of legal counsel; filing of certificate of conservatorship with court.
29-5-14. (For effective date, see note.) Appointment of emergency conservator; requirements of petition.
29-5-15. Review of petition; dismissal; requirements of court upon finding need for emergency conservator.
29-5-16. Emergency conservatorship hearing; limitations on powers of emergency conservator.
29-5-17. (Repealed effective January 1, 2020) Responsibility for paying expenses of any hearing.
Article 3
Rights and Responsibilities of Ward.
29-5-20. Rights of adult ward; impact on right to vote or testamentary capacity.
29-5-21. Rights and powers removed from ward.
29-5-22. Obligations and liabilities of conservator.
29-5-23. (For effective date, see note.) Authority of conservator; cooperation with guardian or other interested parties.
29-5-24. Forfeiture of rights by conservator; disclosure of conflicts by conservator; transactions presenting substantial conflict in interests.
29-5-25. Oath or affirmation required of conservator.
Article 4
Protection of Property Interests.
29-5-30. Inventory and plan for handling ward's property.
29-5-31. Retention of property; exchange or conversion of stocks or securities.
29-5-32. Investment of estate funds by conservator.
29-5-33. Holding of investments; corporate fiduciaries.
29-5-34. Prudence required from conservator in making investments; acquisition and retention of property.
29-5-35. Sale of perishable property; sale of other properties; disposal of other properties; accounting for proceeds; authority of emergency or temporary substitute conservator.
29-5-36. Development of estate plan for ward; appointment of guardian ad litem prior to implementation of plan.
Article 5
Conservator's Bond and Other Obligations.
29-5-40. (For effective date, see note.) Bond requirement; exception to requirement; recording.
29-5-41. Terms of conservator's bond; timing; value; substantial compliance sufficient.
29-5-42. Reduction in bond.
29-5-43. (For effective date, see note.) Requirement of additional bond or security.
29-5-44. (For effective date, see note.) Payment of bond premium.
29-5-45. Liability of surety in event conservatorship is void.
29-5-46. Joint and several liability of conservator and surety.
29-5-47. Levy upon property; writs of execution.
29-5-48. Order of levy against property.
29-5-49. Discharge of surety from obligations under bond; reporting.
29-5-49.1. (Effective January 1, 2020) Communication with other states on conservatorship.
Article 6
Compensation of Conservators.
29-5-50. Determining compensation of conservator; failure to file annual returns results in forfeiture of commission.
29-5-51. Reimbursement for reasonable expenses.
29-5-52. Petition for additional compensation by conservator.
29-5-53. Compensation from corporation or other business entity.
29-5-54. Application for compensation by emergency or temporary substitute conservator; reduction of compensation to conservator.
Article 7
Return and Settlement of Accounts.
29-5-60. Verified return required annually; change of reporting period; production of documents; failure to file return.
29-5-61. Interim settlement of accounts.
29-5-62. Objection and hearings on interim settlement issues.
29-5-63. Judgments against conservator and surety.
Article 8
Modification and Termination of Conservatorship.
29-5-70. Proceedings when allegations that ward denied right or privilege.
29-5-71. Modification of conservatorship; contents of petition for modification; burden of proof.
29-5-72. Termination of conservatorship; required evidence to support; burden of proof; death of ward.
Article 9
Dismissal of Conservator.
29-5-80. Petition for dismissal of conservator; final return; notice; order dismissing conservator.
29-5-81. Final settlement; appearance by ward or successor conservator; return of property.
Article 10
Removal of Conservator for Other Reasons.
29-5-90. Resignation of conservator; requirement of petition; alternative conservator; notice to interested individuals; order of appointment of successor conservator.
29-5-91. Death of conservator; notice to interested individuals; order appointing successor conservator.
29-5-92. Conservator required to answer charges; authority of court; effect on other proceedings.
29-5-93. Cause of action for breach of fiduciary duty.
29-5-94. Statute of limitations.
Article 11
Temporary Substitute Conservator.
29-5-100. Appointment of temporary substitute conservator; period of service; powers and authority; notice; removal.
29-5-101. Appointment of successor conservators; appointment of legal counsel; notice to interested individuals; order appointing successor conservator.
29-5-102. Delivery of property by predecessor conservator to successor conservator; final return.
Article 12
Appellate Proceedings.
29-5-110. Proceedings for appeal; appointment of guardians ad litem; bond and security prior to removal; liability of surety of predecessor conservator; jurisdiction.
Article 13
Foreign Conservators.
Part 1
REMOVAL OF CONSERVATORS.
29-5-120. Petition for removal; prerequisites.
Part 2
TRANSFER OF CONSERVATORSHIP.
29-5-125 through 29-5-128 [Repealed].
Part 3
TRANSFER OF CONSERVATORSHIP.
29-5-130 through 29-5-134 [Repealed].
Part 4
FOREIGN CONSERVATORSHIPS.
29-5-135. "Foreign conservator" defined; sale or disposal of property.
29-5-136. Conservator's power to bring suit.
29-5-137. Filing of letters of conservatorship with court.
29-5-138. (For effective date, see note.) Submission to jurisdiction personally of foreign conservator; registration of conservatorship.
29-5-139. (For effective date, see note.) Interested parties' right to compel foreign conservator to act with equity and good conscience; court's communication with appointing foreign court.
29-5-140. Payments to foreign conservator on debts or return of property belonging to ward.
Cross references. - Protective services for abused, neglected, or exploited disabled adults, § 30-5-1 et seq.
Appointment of guardian for incompetent adult for purposes of administering workers' compensation benefits to which such incompetent adult is entitled, § 34-9-226.
Appointment of representatives and guardians ad litem for persons undergoing treatment for mental illness, mental retardation, alcoholism, and other disabilities, §§ 37-3-147, 37-4-107, 37-7-147.
Rights and privileges of patients and their representatives, T. 37, C. 3, Art. 6.
Editor's notes. - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides, in part, that: "all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."
Law reviews. - For article, "The Georgia Law of Insanity," see 3 Ga. B.J. 28 (1941). For article, "Medical Decision-Making in Georgia," see 10 Ga. St. B.J. 50 (2005).
For note on 1995 amendments of sections in this chapter, see 12 Ga. St. U.L. Rev. 216 (1995).
JUDICIAL DECISIONS
Editor's notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 49-6, as it read prior to revision by Ga. L. 1980, p. 1661, and former T. 29, C. 5 are included in the annotations for this Code section.
Joint tenancy not terminated by tenant's incapacity. - Joint tenancies in bank and stock investment accounts and in real property did not terminate as a matter of law when one of the joint tenants was declared incapacitated and a guardian was appointed for that person and for the property. A guardian, unlike a trustee, has no beneficial title in the ward's estate, but is merely a custodian or manager. Moore v. Self, 222 Ga. App. 71, 473 S.E.2d 507 (1996) (decided under former O.C.G.A. Ch. 5, T. 29).
Former Chapters 49-6 and 88-5 of the 1933 Code (former O.C.G.A. Ch. 5, T. 29 and Ch. 3, T. 37) were meant to be read together for procedural purposes. Kiker v. Kiker, 126 Ga. App. 39, 189 S.E.2d 880 (1972) (decided under former Code 1933, Ch. 49-6).
Cited in Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981); Snider v. Lavender, 164 Ga. App. 591, 298 S.E.2d 582 (1982).
RESEARCH REFERENCES
Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, § 21 et seq. 41 Am. Jur. 2d, Mentally Impaired Person, §§ 42, 43, 173 et seq.
138 Am. Jur. Trials, Guardianships, § 6.
ALR. - Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 A.L.R. 715.
Constitutionality of statute making physical disability ground for appointment of guardian of person or property, 30 A.L.R. 1381.
Liability of insane person for tort, 51 A.L.R. 833; 89 A.L.R. 476.
Waiver by alleged incompetent of notice of inquisition proceeding or proceeding for appointment of guardian, 152 A.L.R. 1247.
Liability of incompetent's estate for care and maintenance furnished by public institution or hospital before incompetent's acquisition of any estate or property, 33 A.L.R.2d 1257.
Power of guardian, committee, or trustee of mental incompetent, after latter's death, to pay debts and obligations, 60 A.L.R.2d 963.
Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946.
Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A.L.R.3d 774.
Priority and preference in appointment of conservator or guardian for an incompetent, 65 A.L.R.3d 991.
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ARTICLE 1 CONSERVATORS