§ 29-4-12. Judicial Review of Pleadings and Evaluation Report; Findings; Hearing
After the filing of the evaluation report, the court shall review the pleadings and the evaluation report. If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1, the court shall dismiss […]
§ 29-4-13. Requirements of Order Granting Guardianship; Service
The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting guardianship shall specify: The name of the guardian and the basis for the selection; Any powers retained by the ward pursuant to Code Section 29-4-21; The […]
§ 29-4-14. Petition for Appointment of Emergency Guardian; Requirements of Petition
Any interested person, including the proposed ward, may file a petition for the appointment of an emergency guardian. Such petition shall be filed in the court of the county in which: The proposed ward is domiciled; The proposed ward is found; or Jurisdiction is otherwise proper under Code Section 29-11-12. The petition for appointment of […]
§ 29-3-80. Required Showing for Resignation of Conservator; Name of Suitable Alternate Required; Notice; Order Appointing Successor Conservator
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: The conservator is unable to continue serving due to age, illness, infirmity, or other good cause; Greater burdens have […]
§ 29-3-113. Hearing
Upon the court’s own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition to transfer the conservatorship. History. Code 1981, § 29-3-113 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.
§ 29-3-81. Individuals Entitled to Notice; Appointment of Successor Conservator; Turning Over of Property
In the event of the death of a conservator and upon the petition of an interested person or upon the court’s own motion, the court shall appoint a successor conservator. The court shall notify the minor and a guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail […]
§ 29-3-114. Required Findings Prior to Granting Petition to Transfer; Orderly and Coordinated Transfer of Conservatorship
The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that: The conservator is presently in good standing with the court; and The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the minor. In order to coordinate efforts […]
§ 29-3-82. Suspension of Conservatorship or Imposition of Sanctions; Power of Court; Liability of Conservator
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 […]
§ 29-3-83. Cause of Action for Breach of Conservator’s Duties; Remedies Available to Minor
If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate: To recover damages; To compel performance of the conservator’s duties; To enjoin the commission of a breach of […]
§ 29-3-84. Statute of Limitations
All actions against a conservator, except on a conservator’s bond, shall be brought within six years of the termination of the conservatorship of the minor, except as provided in Code Section 9-3-90. History. Code 1981, § 29-3-84 , enacted by Ga. L. 2004, p. 161, § 1.