§ 29-3-110. Transfer of Jurisdiction in Event Minor Has Permanently Moved; Determining Minor’s Residential Status; Filings
A conservator may petition the Georgia court which has jurisdiction over the conservatorship to transfer the conservatorship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction. The minor may be presumed to have moved permanently to the foreign jurisdiction if: The minor has resided in the foreign […]
§ 29-3-70. Petition for Order of Dismissal of Conservatorship; Final Return; Notice; Order of Dismissal
Upon the termination of the conservatorship or upon the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the last annual return filed by the conservator. The final return shall contain […]
§ 29-3-111. Requirements of Petition to Transfer Conservatorship
The petition to transfer a conservatorship to a foreign jurisdiction shall include the following: The name and address of the foreign court to which the conservatorship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign conservatorship if previously filed in the foreign court; A listing of any […]
§ 29-3-45. Responsibility of Surety in Event Appointment of Conservator 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, § 29-3-45 , enacted by Ga. L. 2004, p. 161, § 1.
§ 29-3-46. Joint and Several Obligation
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 such a position that an attachment may be issued […]
§ 29-3-47. Levy Upon Property Authorized; Writ of Execution Authorized
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 […]
§ 29-3-48. Levy Upon Surety Then Conservator
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, § […]
§ 29-3-49. Petition for Release From Surety Obligation; Order of Discharge; Appointment and Liability of New Surety; Accounting Requirement
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 its desire for any reason to be relieved as surety. The death […]
§ 29-3-50. Amount of Compensation Conservator Owed; Compensation to Multiple Conservators; Failure to Make Annual Returns Results in Forfeiture; Renouncing of Compensation
Other than a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to: Two and one-half percent commission on all sums of money received by the conservator on account of the estate, except on money loaned by and repaid to the conservator, and 2 1/2 percent commission on all sums […]
§ 29-3-51. Allowance for Reasonable Expenses
Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation, expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservator’s commissions are part of […]