O.C.G.A.

O.C.G.A. § 29-5-45 (2019)

Liability of surety in event conservatorship is void

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

History

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

Annotations

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). See also Griffin v. Collins, 122 Ga. 102, 49 S.E. 827 (1905).

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