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2018 Georgia Code 29-5-102 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 29-5-102 Case Law from Google Scholar Amendments to OCGA 29-5-102

TITLE 29 GUARDIAN AND WARD

Section 5. Conservators of Adults, 29-5-1 through 29-5-140.

ARTICLE 11 TEMPORARY SUBSTITUTE CONSERVATOR

29-5-102. Delivery of property by predecessor conservator to successor conservator; final return.

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 ward 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 ward's property up to the time of the receipt of all of the ward's property by the successor conservator.

(Code 1981, §29-5-102, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1848 and former Code 1882, § 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, §§ 56, 85.

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.

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