O.C.G.A. § 29-5-80 (2019)
Petition for dismissal of conservator; final return; notice; order dismissing conservator
(a) 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.
(b) 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.
History
(Code 1981, § 29-5-80, enacted by Ga. L. 2004, p. 161, § 1.)
Annotations
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. 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). 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) and 29-5-81(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).