TITLE 29 GUARDIAN AND WARD

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

ARTICLE 2 PETITION FOR APPOINTED CONSERVATOR

29-5-13. Requirements of order granting conservatorship; service; obligation of legal counsel; filing of certificate of conservatorship with court.

1. The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting conservatorship shall specify:
   1. The name of the conservator and the basis for the selection;
   2. Any powers retained by the ward pursuant to Code Section 29-5-21;
   3. The limitations on the conservatorship;
   4. A specific listing of any additional powers which are granted to the conservator as set forth in subsections (b) and (c) of Code Section 29-5-23;
   5. If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be furnished to the guardian to provide adequately for the ward's support, care, education, health, and welfare, subject to modification by subsequent order of the court;
   6. If the ward has an interest in real property, the name of the county in which the real property is located; and
   7. Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the ward, stating the reasons therefor.
2. Service of the court's order shall be made by first-class mail upon the ward, the ward's legal counsel, the guardian ad litem, if any, the conservator, the petitioner, and other persons designated for service of the petition for conservatorship.
3. After service of an order granting a conservatorship, the ward's legal counsel shall make reasonable efforts to explain to the ward the order of conservatorship and the ward's rights under the order.
4. In any case involving the appointment of a conservator, if the ward has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the ward owns real property, to be recorded in the deed records of the county and indexed under the name of the ward in the grantor index. The certificate shall set forth the name of the ward, the expiration date of the conservatorship, if limited by court order, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.

(Code 1981, §29-5-13, enacted by Ga. L. 2004, p. 161, § 1.)