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2018 Georgia Code 29-5-63 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-5-63 Case Law from Google Scholar Amendments to OCGA 29-5-63

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 7 RETURN AND SETTLEMENT OF ACCOUNTS

29-5-63. Judgments against conservator and surety.

If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability.

(Code 1981, §29-5-63, enacted by Ga. L. 2004, p. 161, § 1.)

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. In re Estate of Gladstone, 303 Ga. 547, 814 S.E.2d 1 (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. In re Estate of Gladstone, 303 Ga. 547, 814 S.E.2d 1 (2018).

Cases Citing O.C.G.A. § 29-5-63

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In re Est. of Gladstone, 814 S.E.2d 1 (Ga. 2018).

Cited 9 times | Published | Supreme Court of Georgia | May 7, 2018

...required by law." The probate court found that Gladstone breached those duties and was liable to the ward in the amount of $167,000, and it removed him from office. Gladstone and Ohio Casualty therefore were jointly liable for that amount. See OCGA § 29-5-63 ("If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability."); OCGA § 29-5-49 (d) ("In all cases where letters of conservatorshi...
..., penalize, or deter a defendant."). The conservatorship statutes do not explicitly provide for punitive damages against a surety, and provide only for a judgment against the surety in the amount that the conservator is liable to the ward. See OCGA § 29-5-63....
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in Re Est. of Gladstone, 303 Ga. 547 (Ga. 2018).

Cited 7 times | Published | Supreme Court of Georgia | May 7, 2018

...duties required by law.” The probate court found that Gladstone breached those duties and was liable to the ward in the amount of $167,000, and it removed him from office. Gladstone and Ohio Casualty therefore were jointly liable for that amount. See OCGA § 29-5-63 (“If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability.”); OCGA § 29-5-49 (d) (“In all cases where letters of conse...
...solely to punish, penalize, or deter a defendant.”). The conservatorship statutes do not explicitly provide for punitive damages against a surety, and provide only for a judgment against the surety in the amount that the conservator is liable to the ward. See OCGA § 29-5-63....