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2018 Georgia Code 29-5-92 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-5-92 Case Law from Google Scholar Amendments to OCGA 29-5-92

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 10 REMOVAL OF CONSERVATOR FOR OTHER REASONS

29-5-92. Conservator required to answer charges; authority of court; effect on other proceedings.

  1. Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of conservatorship or to impose sanctions, the court shall cite the conservator to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute conservator to take possession of and administer the ward's property during the investigation.
  2. Upon investigation, the court may, in its discretion:
    1. Revoke or suspend the letters of conservatorship;
    2. Require additional security;
    3. Require the conservator to appear and submit to a settlement of accounts following the procedure set forth in Code Section 29-5-81, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;
    4. Reduce or deny compensation to the conservator or impose any other sanction or sanctions as the court deems appropriate; and
    5. Issue such other orders as in the court's judgment are appropriate under the circumstances of the case.
  3. The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.

(Code 1981, §29-5-92, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Consent to consideration of grounds for revocation.

- Guardian of the property testified that the guardian was in court to explain to the court what the documentation in the court file showed had occurred, to explain further with some facts that were not in the file, and to respond to the answer of the guardian ad litem; the guardian testified about the grounds for the guardian's revocation, later considered by the court in its revocation order, and it followed that the guardian expressly or by implication consented to the consideration of those grounds in the order revoking the guardian's letters. In re Longino, 281 Ga. App. 599, 636 S.E.2d 683 (2006), cert. denied, 2007 Ga. LEXIS 92 (Ga. 2007).

Revocation proper.

- Revocation of a guardian of the property's letters of guardianship under former O.C.G.A. §§ 29-2-45(a) and29-5-9(a)(1), now codified at O.C.G.A. § 29-5-92, was proper as the guardian was issued a citation notifying the guardian that the guardian might not be acting in the ward's best interest, the citation gave the guardian sufficient notice to enable the guardian to answer the charges, and the guardian testified that the guardian was going to respond to a guardian ad litem's report; there was evidence that: (1) the 90-year-old ward had over $2,000,000 in assets, but was not getting the care the ward needed as the assets were frozen in litigation over the guardian's efforts to void or move a trust; (2) there was evidence that the guardian used or intended to use the guardian's position to place the guardian as the sole trustee; and (3) the guardian had informed the probate court that the guardian did not consider the guardian's brother to be trustworthy, yet the guardian proposed that the brother be appointed as the guardian of the property. In re Longino, 281 Ga. App. 599, 636 S.E.2d 683 (2006), cert. denied, 2007 Ga. LEXIS 92 (Ga. 2007).

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).

Punitive damages upheld.

- Probate court did not err in awarding punitive damages, as the conservator and the surety were on notice that the conservator's actions would be examined in connection with O.C.G.A. § 29-5-92, and the record supported the conclusion that punitive damages were appropriate. In re Estate of Gladstone, 341 Ga. App. 72, 798 S.E.2d 660 (2017).

Cases Citing O.C.G.A. § 29-5-92

Total Results: 2  |  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

...not expressly provided for under *2OCGA § 29-5-40 et seq. or under the provisions of the bond itself? (2) If a conservator's bond does cover punitive damages, did the Court of Appeals err in holding that because the probate court complied with OCGA § 29-5-92 (b) (4) in imposing sanctions against the petitioner, compliance with the procedures for imposing punitive damages under OCGA § 51-12-5.1 was not required? We answer the first question in the affirmative, rendering the second question moo...
...The court concluded further that "punitive damages should be imposed against [Gladstone] and his surety in the amount of $150,000." In affirming the probate court's judgment, the Court of Appeals held that the award of punitive damages was proper against Gladstone and Ohio Casualty pursuant to OCGA § 29-5-92 (b) (4) (court may "impose any other sanction or sanctions as the court deems appropriate"), and also proper under OCGA § 51-12-5.1 (punitive damages in tort action), although the probate court did not specifically reference this Code section in its order....
...for the award of punitive damages against a surety. The successor conservator argues that the bond did not specifically exclude punitive damages, that there is no statute that limits recovery under a conservator bond to actual damages, and that OCGA § 29-5-92 (b) (4) authorizes the probate court to impose any sanctions it deems appropriate. In interpreting the statutory bond requirement, we apply the fundamental rules of statutory construction that require us to construe the statute according...
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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 Surety & Fidelity Association of America has filed an amicus brief in support of Ohio Casualty’s appeal. (2) If a conservator’s bond does cover punitive damages, did the Court of Appeals err in holding that because the probate court complied with OCGA § 29-5-92 (b) (4) in imposing sanctions against the petitioner, compliance with the procedures for imposing punitive damages under OCGA § 51-12-5.1 was not required? We answer the first question in the affirmative, rendering the se...
...the amount of $150,000.” 2 In affirming the probate court’s judgment, the Court of Appeals held that the award of punitive damages was proper against Gladstone and Ohio Casualty pursuant to OCGA § 29-5-92 (b) (4) (court may “impose any other sanction or sanctions as the court deems appropriate”), and also proper under OCGA § 51- 12-5.1 (punitive damages in tort action), although the probate court did not specifically reference this Code section in its order....
...the award of punitive damages against a surety. The successor conservator argues that the bond did not specifically exclude punitive damages, that there is no statute that limits recovery under a conservator bond to actual damages, and that OCGA § 29-5-92 (b) (4) authorizes the probate court to impose any sanctions it deems appropriate. In interpreting the statutory bond requirement, we apply the fundamental rules of statutory construction that require us to construe t...