O.C.G.A. § 29-5-90 (2019)
Resignation of conservator; requirement of petition;
alternative conservator; notice to interested individuals; order of appointment of successor conservator.
(a) A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator, acting on behalf of the conservator, may resign upon petition to the court showing to the satisfaction of the court that:
(1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause;
(2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator;
(3) Disagreement exists between the ward and the conservator or between the guardian and the conservator in respect of the conservator’s management of the ward’s property, which disagreement and conflict appear to be detrimental to the ward;
(4) The resignation of the conservator will result in or permit substantial financial benefit to the ward; or
(5) The resignation would not be disadvantageous to the ward.
(b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.
(c) The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward’s legal counsel. Service shall be made by first-class mail to the guardian of the ward, if any, the surety on the conservator’s bond, and to the following persons whose whereabouts are known and who must be persons other than the resigning conservator or the proposed successor conservator:
(1) The spouse of the ward; and
(2) All adult children of the ward; or
(3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward;
(B) Parents and siblings of the ward; and
(C) Friends of the ward.
(d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-5-101 and shall accept the resignation, subject to the resigning conservator turning over to the successor conservator all property of the ward held by the conservator.
History
(Code 1981, § 29-5-90, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1848 are included in the annotations for this Code section. Guardian must present suitable successor who is willing to accept. -
Before guardian is permitted to resign the guardian must present a fit and suitable person to the ordinary (now judge of probate court) as successor who is willing to accept. Bryce v. Wynn, 50 Ga. 332 (1873) (decided under former Code 1873, § 1848); King v. Hughes, 52 Ga. 600
(1874) (decided under former Code 1873, § 1848). Order permitting resignation is not judgment that full settlement and ac-
counting have been made. King v. Hughes, 52 Ga. 600 (1874) (decided under former Code 1873, § 1848).
RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, § 79 et seq. C.J.S. - 39 C.J.S., Guardian and Ward, §§ 35, 36, 41 et seq. ALR. - Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent
of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199. Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.