§ 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 […]
§ 29-3-31. Retention of Property or Securities; Exchange or Conversion of Assets
A conservator may retain the property received by the conservator on the creation of the conservatorship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for the retention, except for gross neglect. […]
§ 29-3-32. Investment of Funds
A conservator is authorized to invest estate funds in the following and shall not otherwise be liable for such investment, except in the case of gross neglect: Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds; Bonds issued […]
§ 29-3-3. Definitions; Compromise of Claim; Settlement
For purposes of this Code section, the term: “Gross settlement” means the present value of all amounts paid or to be paid in settlement of a minor’s claim, including cash, expenses of litigation, attorney’s fees, and any amounts allocated to a structured settlement or other similar financial arrangement. Such term shall include the total amount […]
§ 29-3-33. Investment in Securities; Open-End or Closed-End Management Type Investments; Conflicts of Interest
Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 29-3-32, the conservator may invest […]
§ 29-3-4. Disqualifications of Conservator
No person may be appointed or continue to serve as conservator of a minor who: Is a minor, a ward, or a protected person; or Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the minor’s best […]
§ 29-3-34. Investment Decisions Must Coincide With Those of a Prudent Person; Acquiring and Retention of Assets
After receiving court approval as required in subsection (b) or (c) of Code Section 29-3-22, in making investments and in acquiring and retaining those investments and managing property of the minor, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar […]
§ 29-3-5. Nomination of Testamentary Conservator; No Notice, Bond, or Security Required; Rights, Powers, and Duties
Every parent, by will, may nominate a testamentary conservator for the parent’s minor child for the property that passes to the minor under the parent’s will. Upon probate of the will, letters of conservatorship shall be issued to the individual nominated in the parent’s will who shall serve as testamentary conservator without notice or hearing. […]