O.C.G.A.
O.C.G.A.

O.C.G.A. § 29-5-139 (2019)

(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

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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) Any resident of this state who is interested as a creditor, heir, putative heir, or will beneficiary of a ward for whom a foreign conservator has been appointed may apply to the proper court to compel the foreign conservator to protect that interest according to equity and good conscience before selling the ward's assets or removing the ward's assets beyond the limits of this state.

(b) With respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31, 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 the application to compel such foreign conservator to protect an interest under subsection (a) of this Code section, stating the reasons therefor.

History

(Code 1981, § 29-5-139, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 23/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), and, in subsection (a), inserted "putative heir," near the middle, substituted "for whom a foreign conservator has been appointed" for "whom a foreign conservator represents" in the middle; and added subsection (b).