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2018 Georgia Code 29-5-120 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-5-120 Case Law from Google Scholar Amendments to OCGA 29-5-120

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 13 FOREIGN CONSERVATORS

29-5-120. Petition for removal; prerequisites.

  1. A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the ward resides.
  2. Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of the county in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the ward.
  3. Before the removal of the conservatorship to another county in this state, the conservator must give bond and good security to the court of such county as if the conservator had been first appointed by that court, and a certificate to this effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the county to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship.
  4. Following removal of a conservatorship to another county in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the conservator as if the conservator had been first appointed in that county, and every case growing out of or affecting the conservatorship shall be heard and tried only in the county to which the conservatorship has been removed.
  5. The sureties on the conservator's first bond shall be liable only for misconduct of the conservator up until the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator.
  6. The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a conservator shall retain jurisdiction of such matters even though the conservatorship has been removed to another county.

(Code 1981, §29-5-120, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1812, Cobb's 1851 Digest, p. 318 and Code 1933, § 49-239 are included in the annotations for this Code section.

Compliance discharges surety from further liability on account of guardian.

- When provisions of the Act of 1812 (former O.C.G.A. § 29-2-70) are fully complied with, sureties on first bond are discharged from all further liability on account of their principal. Justices of Inferior Court ex rel. Selman v. Selman, 6 Ga. 432 (1849) (decided under Ga. L. 1812, Cobb's 1851 Digest, p. 318).

For jurisdiction over removal and new appointments where guardian moves from county without removing trust, see Fouts v. Flythe, 54 Ga. App. 108, 187 S.E. 160 (1936) (decided under former Code 1933, § 49-239).

Cited in Jennings v. Longino, 49 Ga. App. 494, 176 S.E. 94 (1934); Great Am. Indem. Co. v. Jeffries, 65 Ga. App. 686, 16 S.E.2d 135 (1941); Rogers v. Taintor, 93 Ga. App. 54, 90 S.E.2d 629 (1955).

RESEARCH REFERENCES

ALR.

- Guardianship of incompetent or infant as affecting venue of action, 11 A.L.R. 167.

PART 2 T RANSFER OF CONSERVATORSHIP

29-5-125 through 29-5-128.

Reserved. Repealed by Ga. L. 2016, p. 563, § 3/HB 954, effective July 1, 2016.

Editor's notes.

- This part was based on Code 1981, §§ 29-5-125 through29-5-128, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95

PART 3 T RANSFER OF CONSERVATORSHIP

29-5-130 through 29-5-134.

Reserved. Repealed by Ga. L. 2016, p. 563, § 3/HB 954, effective July 1, 2016.

Editor's notes.

- This part was based on Code 1981, §§ 29-5-130 through29-5-134, enacted by Ga. L. 2004, p. 161, § 1.

PART 4 F OREIGN CONSERVATORSHIPS

29-5-135. "Foreign conservator" defined; sale or disposal of property.

  1. For purposes of this part, the term "foreign conservator" means a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the ward, and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Article 3 of Chapter 11 of this title.
  2. Any foreign conservator of a ward who resides in any other state and who is authorized to sell and convey property of the ward may sell property of the ward which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the conservatorship as provided by law.

(Code 1981, §29-5-135, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2016, p. 563, § 5/HB 954.)

The 2016 amendment, effective July 1, 2016, substituted "Article 3 of Chapter 11 of this title" for "Part 2 of this article" at the end of subsection (a).

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