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2018 Georgia Code 29-5-45 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-5-45 Case Law from Google Scholar Amendments to OCGA 29-5-45

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 5 CONSERVATOR'S BOND AND OTHER OBLIGATIONS

29-5-45. Liability of surety in event conservatorship is void.

If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond for any property received by the conservator.

(Code 1981, §29-5-45, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 2554 and former Code 1933, § 49-225 are included in the annotations for this Code section.

There were no exceptions to rule established by former Code 1933, § 49-225 (former O.C.G.A. § 29-2-47). Clark v. Great Am. Ins. Co., 387 F.2d 710 (5th Cir. 1967), cert. denied, 393 U.S. 825, 89 S. Ct. 86, 21 L. Ed. 2d 95 (1968) (decided under former Code 1933, § 49-225).

Sureties upon bond are estopped to deny guardianship of one who was guardian by estoppel. Griffin v. Collins, 125 Ga. 159, 53 S.E. 1004 (1906) (decided under former Civil Code 1895, § 2554). Griffin v. Collins, 122 Ga. 102, 49 S.E. 827 (1905) See also.

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, § 283 et seq.

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