US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Georgia Code » Title 29 - Guardian and Ward » Chapter 5 - Conservators of Adults » Article 5 - Conservator’s Bond and Other Obligations

§ 29-5-40. Bond Requirement; Exception to Requirement; Recording

A conservator appointed by the court, including a conservator appointed in a final order accepting the transfer of a conservatorship proceeding from another state issued under subsection (e) of Code Section 29-11-21, shall give bond with good and sufficient security. A financial institution, trust company, national or state bank, savings bank, or savings and loan […]

§ 29-5-42. Reduction in Bond

If the value of the ward’s bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator. History. Code 1981, § 29-5-42 , enacted by Ga. L. 2004, p. 161, § […]

§ 29-5-43. Requirement of Additional Bond or Security

Whenever it comes to the knowledge of the court, either by annual returns or otherwise that: Additional personal property has accrued to the ward by descent, gift, or otherwise; For any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-5-40; […]

§ 29-5-44. Payment of Bond Premium

A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate. When the guardian is required to give bond pursuant to Code Section 29-4-30, the conservator shall, upon the request of the guardian, pay any […]

§ 29-5-45. Liability of Surety in Event Conservatorship Is Void

If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond for any property received by the conservator. History. Code 1981, § 29-5-45 , enacted by Ga. L. 2004, p. 161, § 1.

§ 29-5-46. Joint and Several Liability of Conservator and Surety

The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as […]

§ 29-5-47. Levy Upon Property; Writs of Execution

When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa. The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety […]

§ 29-5-48. Order of Levy Against Property

In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety. History. Code 1981, § […]

§ 29-5-49. Discharge of Surety From Obligations Under Bond; Reporting

The surety on the bond of any conservator or, if the surety is dead, the surety’s personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the conservator’s trust or to show the court his or her desire for any reason to be relieved as surety. […]

§ 29-5-49.1. Communication With Other States on Conservatorship

With respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31, in addition to any action such court of this state may take under this article or under subsection (b) of Code Section 29-11-32, such court of this state may […]