O.C.G.A.

O.C.G.A. § 29-5-30 (2019)

Inventory and plan for handling ward’s property

✓ 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) Within two months of appointment, the conservator shall file with the court and provide to the ward’s guardian, if any, an inventory of the ward’s property and a plan for managing, expending, and distributing the property.

(b) The inventory shall describe all the assets and liabilities of the ward and shall include a list of all the personal and real property owned by the ward and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the ward known to the conservator.

(c) The plan for managing, expending, and distributing the ward’s property must be based on the actual needs of the ward and take into consideration the best interest of the ward. The conservator shall include in the plan an estimate of the duration of the conservatorship, projections for expenses and resources, and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.

History

(Code 1981, § 29-5-30, enacted by Ga. L. 2004, p. 161, § 1.)

Annotations

Cross references. - Administrator’s duty to file inventory, § 53-7-75 (Pre-1998 Probate Code). RESEARCH REFERENCES C.J.S. - 39 C.J.S., Guardian and Ward, §§ 84, 210 et seq. ALR. - Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.

Subsequent appointment of guardian as curing invalidity of prior sale of ward’s property, 2 A.L.R. 1565.

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 2010–2025 · leading case: In Re: Est. Of: Jacqueline Gladstone, 798 S.E.2d 660 (Ga. Ct. App. 2017).

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In Re: Est. Of: Jacqueline Gladstone, 798 S.E.2d 660 (Ga. Ct. App. 2017). · cites it 10× “OCGA § 29-5-30 (a) requires a conservator to file an inventory of the ward’s property and an asset management plan within two months of appointment.”

Ray v. Stewart, 700 S.E.2d 367 (Ga. 2010). · cites it 2× “She was required to administer the property of the ward in accordance with OCGA § 29-5-30. Under OCGA § 29-5-72 (e), the conservatorship is automatically terminated upon the death of the ward, but a conservator is still required to petition the court for letters of discharge…”

In Re the Est. of Shaun A. Jenkins Jr. Adult Ward (Ga. Ct. App. 2021). · cites it 8× “He also filed an inventory of Jenkins’s property and a plan for managing, expending, and distributing the property as required by OCGA § 29-5-30 (a). In each subsequent year, Sams submitted an annual return, which under the Act consists of 2 a statement of the receipts and…”

Jobe Francis West, of the Est. of Ronald Lee West v. Monte Jamal Browser (Ga. Ct. App. 2021). · cites it 2× “tor to [e]nter into contracts for labor or service upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts, when combined with other anticipated disbursements, does not exceed the amount of the annual…”

In Re: Est. of T. M. N., a Minor Child (Ga. Ct. App. 2023). · cites it 2× “[m]ake reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 for the support, care, education, health, and welfare of the ward and those persons who are entitled to be…”

In Re: Est. of Frances P. Baker (Ga. Ct. App. 2025). · cites it 2× “Next, OCGA § 29-5-23 explains the conservator’s authority and provides, in relevant part: (a) Unless inconsistent with the terms of any court order relating to the conservatorship, a conservator without court order may: (1) Make reasonable disbursements from the annual income…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.