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

O.C.G.A. § 29-5-46 (2019)

Joint and several liability of conservator and surety

✓ 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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The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator’s representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person’s representative capacity.

History

(Code 1981, § 29-5-46, 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 3 cases, 2017–2018 · leading case: in Re Est. of Gladstone, 303 Ga. 547 (Ga. 2018).
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in Re Est. of Gladstone, 303 Ga. 547 (Ga. 2018). · cites it 2× “”); OCGA § 29-5-46 (“The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action.”
In Re: Est. Of: Jacqueline Gladstone, 798 S.E.2d 660 (Ga. Ct. App. 2017). · cites it 2× “26 OCGA § 29-5-46. 27 OCGA § 29-5-49 (d). 28 OCGA § 10-7-3.”
In re Est. of Gladstone, 814 S.E.2d 1 (Ga. 2018). · cites it 2× “"); OCGA § 29-5-46 ("The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action.”
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.