O.C.G.A.
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.
(a) A conservator appointed by the court shall give bond with good and sufficient security.
(b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statements signed by the Comptroller of the Currency of the United States or the commissioner of banking and finance.
(c) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
History
(Code 1981, § 29-5-40, enacted by Ga. L. 2004, p. 161, § 1.)
Annotations
JUDICIAL DECISIONS Liability for punitive damages. - Conservator’s bond pursuant to O.C.G.A. § 29-5-40 et seq. does not cover punitive damages. Estate of Gladstone, No. S17G1472, 2018 Ga. LEXIS 292 (May 5, 2018). Judgment that a conservator’s bond covered punitive damages even though
such damages were not expressly provided for under O.C.G.A. § 29-5-40 et seq. or under the provisions of the bond itself was reversed because a conservator’s bond pursuant to § 29-5-40 et seq. does not cover punitive damages. Estate of Gladstone, No. S17G1472, 2018 Ga. LEXIS 292 (May 5, 2018).
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 2009–2023 · leading case:
in Re Est. of Gladstone, 303 Ga. 547 (Ga. 2018).
in Re Est. of Gladstone, 303 Ga. 547 (Ga. 2018).
· cites it 6× “The Surety & Fidelity Association of America has filed an amicus brief in support of Ohio Casualty’s appeal.”
In re Est. of Gladstone, 814 S.E.2d 1 (Ga. 2018).
· cites it 8× “or under the provisions of the bond itself? (2) If a conservator's bond does cover punitive damages, did the Court of Appeals err in holding that because the probate court complied with OCGA § 29-5-92 (b) (4) in imposing sanctions against the petitioner, compliance with the…”
In the Interest of Hudson, 685 S.E.2d 323 (Ga. Ct. App. 2009).
· cites it 2× “3 See OCGA §§ 29-5-40 (bond requirement); 29-5-41 (a) (3) (conservator’s bond to be conditioned upon the faithful discharge of the conservator’s duty).”
Law v. The State., 824 S.E.2d 778 (Ga. Ct. App. 2019).
· cites it 2× “…why he listed the nieces. 2 "A conservator appointed by the court shall give bond with good and sufficient security." OCGA § 29-5-40 (c).”
In Re: Est. Of: Jacqueline Gladstone, 819 S.E.2d 71 (Ga. Ct. App. 2018).
· cites it 4× “1 The Supreme Court of Georgia granted the petition for certiorari filed by Ohio Casualty to determine: (1) Did the Court of Appeals err in holding that a conservator's bond covers punitive damages even though such damages are not expressly provided for under OCGA § 29-5-40 et…”
In Re the Est. of Shaun A. Jenkins Jr. Adult Ward (Ga. Ct. App. 2021).
· cites it 2× “When he was appointed conservator in 2008, Sams gave a conservator’s bond as required by OCGA § 29-5-40 (a). 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 Re: Est. of T. M. N., a Minor Child (Ga. Ct. App. 2023).
· cites it 2× “When appointed conservator in 2016, Jessie gave a conservator’s bond as required by OCGA § 29-5-40 (a), and she filed an inventory of T.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.