O.C.G.A.

O.C.G.A. § 29-5-63 (2019)

Judgments against 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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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.

History

(Code 1981, § 29-5-63, 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).

ARTICLE 8 MODIFICATION AND TERMINATION OF CONSERVATORSHIP

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 4× “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.”

In Re: Est. Of: Jacqueline Gladstone, 798 S.E.2d 660 (Ga. Ct. App. 2017). · cites it 2× “24 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.”

In re Est. of Gladstone, 814 S.E.2d 1 (Ga. 2018). · cites it 4× “"); OCGA § 29-5-49 (d) ("In all cases where letters of conservatorship are revoked" the surety is liable "for all acts of the conservator in relation to the trust up until the time of the settlement with the new conservator or the ward.”

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