O.C.G.A.

O.C.G.A. § 29-5-13 (2019)

Requirements of order granting conservatorship; service; obligation of legal counsel; filing of certificate of conservatorship with court

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) 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. (b) 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. (c) 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. (d) 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.

History

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

Notes of Decisions

Cited in 8 cases, 1987–2019 · leading case: In Re Est. of Wertzer., 826 S.E.2d 168 (Ga. Ct. App. 2019).

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In Re Est. of Wertzer., 826 S.E.2d 168 (Ga. Ct. App. 2019). · cites it 8× “2d 158 (1987), we considered an application for expenses and attorney fees filed pursuant to former OCGA § 29-5-13, a predecessor to OCGA § 29-9-15, and concluded that the " 'expenses' " referred to in that statute "are not expenses of litigation but, rather, are tantamount to '…”

In re Olliff, 363 S.E.2d 158 (Ga. Ct. App. 1987). · cites it 8× “Mattie Olliff brings this appeal from the trial court’s denial of her application for expenses and attorney fees filed pursuant to OCGA § 29-5-13. The appellant, now 89 years old, was 81 when her husband died.”

In re Connell, 457 S.E.2d 832 (Ga. Ct. App. 1995). · cites it 6× “Connell filed a motion for costs pursuant to OCGA § 29-5-13 (a) (2). Therein, she requested that the probate court order the Carmicals to pay the costs and expenses associated with the filing of their petition, including the fees of the court-appointed counsel and guardian ad…”

In Re Martin, 460 S.E.2d 304 (Ga. Ct. App. 1995). · cites it 2× “Here, Calhoun argues that OCGA § 29-5-13 (f) allows a fee of only $10 per diem for a guardian ad litem for an incapacitated adult and that the court erred in ordering payment of more than this amount.”

In re Olliff, 366 S.E.2d 289 (Ga. 1988). · cites it 2× “Having heard *158 the arguments and considered the record and briefs in this case, we agree with the Court of Appeals’ opinion holding that “expenses” as used in OCGA § 29-5-13 (a) refers to “costs” incurred in a judicial proceeding brought under OCGA Ch.”

Levenson v. Oliver, 413 S.E.2d 501 (Ga. Ct. App. 1991). · cites it 2× “2 Attorney Oliver and guardian ad litem Berman *160 challenged only the value of attorney Levenson’s unauthorized services.”

In re Est. of Phillips, 830 S.E.2d 398 (Ga. Ct. App. 2019). · cites it 6× “1) (1995), a predecessor of OCGA § 29-5-17, provided in part that The amounts actually necessary or requisite to defray the expenses of any hearing held under this chapter, including those provided by subsections (c) through (e) of this Code section, shall be paid: (1) From the…”

In Re Est. of Mary Elizabeth Phillips (Ga. Ct. App. 2019). · cites it 4× “OCGA § 29-5-13 (a), (e)-(e.1) (1995), a predecessor of OCGA § 29-5-17, provided in part that The amounts actually necessary or requisite to defray the expenses of any hearing held under this chapter, including those provided by subsections (c) through (e) of this Code section,…”

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