§ 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.
§ 29-3-90. Appointment of Temporary Substitute Conservator; Length of Appointment; Powers; Notice; Removal
Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute conservator for a minor if it appears to the court that the best interest of the minor requires immediate action. The temporary substitute conservator shall be appointed for a specified period not to […]
§ 29-3-91. Appointment of Successor Conservator; Notice; Hearing and Bond Requirements
The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the minor. The court shall select the successor conservator in the manner provided in Code Section 29-3-7. In the event of the resignation […]
§ 29-3-92. Delivery of Property; Annual Return; Liability of Surety
Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the minor held by the conservator and shall submit a final return covering the period since the conservator’s last annual return. The surety of the predecessor conservator […]