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2018 Georgia Code 29-5-80 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-5-80 Case Law from Google Scholar Amendments to OCGA 29-5-80

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 9 DISMISSAL OF CONSERVATOR

29-5-80. Petition for dismissal of conservator; final return; notice; order dismissing conservator.

  1. Upon the termination of the conservatorship or the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the latest annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section 29-5-60. Notice shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed.
  2. If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the conservator from office is appropriate, the court shall enter an order dismissing the conservator from office. Such order shall not bar an action against the conservator or the conservator's surety.

(Code 1981, §29-5-80, enacted by Ga. L. 2004, p. 161, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "less than 30 days" was substituted for "less then 30 days" in the fourth sentence in subsection (a).

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).

Notice by publication.

- Constructive notice by publication of a conservator's petition for final settlement and discharge from the conservatorship under O.C.G.A. §§ 29-5-80(a) and29-5-81(b) did not violate the due process rights of a child of the ward who stood to benefit from the ward's will; the child did not have a legally protected interest in the discharge proceedings. Ray v. Stewart, 287 Ga. 789, 700 S.E.2d 367 (2010).

Cases Citing O.C.G.A. § 29-5-80

Total Results: 3  |  Sort by: Relevance  |  Newest First

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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

...in the amount that the conservator is liable to the ward. See OCGA § 29-5-63. The references to "damages" and "judgment" are tied to the ward's assets: in the event of termination of a conservatorship or the resignation of the conservator, see OCGA § 29-5-80, and upon final settlement of accounts, the court shall issue a judgment "for any sums found to be due." OCGA § 29-5-81 (d)....
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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

...the amount that the conservator is liable to the ward. See OCGA § 29-5-63. The references to “damages” and “judgment” are tied to the ward’s assets: in the event of termination of a conservatorship or the resignation of the conservator, see OCGA § 29-5-80, and upon final settlement of accounts, the court shall issue a judgment “for any sums found to be due.” OCGA § 29-5-81 (d)....
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Ray v. Stewart, 700 S.E.2d 367 (Ga. 2010).

Cited 4 times | Published | Supreme Court of Georgia | Sep 20, 2010 | 287 Ga. 789, 2010 Fulton County D. Rep. 3025

...ansferred to the estate of the deceased ward. The probate court issued a citation and served it on the conservator's surety, appellee State Farm Fire and Casualty Company (State Farm). Notice was published in the county newspaper as required by OCGA § 29-5-80(a), and because Stewart was also the ward's personal representative, a guardian ad litem was appointed to represent the ward under OCGA § 29-5-81(b)....
...in February 2008. Nineteen months later, appellant Brenda Ray, another daughter of the deceased ward and a potential beneficiary under his will, [1] filed a motion to set aside the judgment under OCGA § 9-11-60. In essence, Ray claimed that OCGA §§ 29-5-80(a) and 29-5-81(b), which govern the settlement of a ward's estate and termination of a conservatorship, violate due process because interested parties, such as she, are not given actual notice of the proceedings....
...She was required to administer the property of the ward in accordance with OCGA § 29-5-30. Under OCGA § 29-5-72(e), the conservatorship is automatically terminated upon the death of the ward, but a conservator is still required to petition the court for letters of discharge from office. OCGA § 29-5-80(a) governs that proceeding....
...ing, and it sets forth the time for filing such objections. Id. If no objection is filed, or if the court determines over objection that the dismissal of a conservator is appropriate, an order shall issue dismissing the conservator from office. OCGA § 29-5-80(b)....
...es the propounder of any will to *370 give notice to the propounders and beneficiaries of any other wills of the testator offered for probate in the same county"). Accordingly, we hold that constructive notice by publication as encompassed in OCGA §§ 29-5-80(a) and 29-5-81 (b) does not deny one in Ray's position due process of law under the federal or Georgia Constitutions....
...he executrix in a manner she determines to be fair and reasonable. The residue of the estate was to be distributed to the eight children in a similar fashion. [2] Although the trial court construed Ray's due process challenge to apply to both OCGA §§ 29-5-80(a) and 29-5-81(b), on appeal Ray appears to focus her claim exclusively on the latter statute....