§ 29-3-36. Estate Plan for Minor; Appointment of Guardian Ad Litem; Considerations Prior to Property Transfer
After notice to interested parties and other persons as the court may direct, and upon a showing that the minor shall probably remain in need of a conservator throughout the minor’s lifetime and that it is in the best interest of the minor, the court may order the conservator to apply such principal or income […]
§ 29-3-7. Preference Among Individuals for Appointment of Conservator; Court’s Ability to Ignore Preference for Best Interest of Minor
The court shall appoint as conservator that person who shall best serve the interest of the minor considering the following order of preferences: The individual who is the preference of a minor who is 14 years of age or older; The nearest adult relative of the minor as set forth in Code Section 53-2-1; Other […]
§ 29-3-8. Petition for Appointment of Conservator for Minor; Requirements of Petition; Notice
Any person may file a petition for the appointment of a conservator of a minor. The petition for appointment of a conservator shall set forth: A statement of the facts upon which the court’s jurisdiction is based; The name, address, and date of birth of the minor; The name, address, and county of domicile of […]
§ 29-3-9. Hearing
Upon the filing of a petition for the appointment of a conservator of a minor and the giving of notice, the court may hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor. History. Code 1981, § 29-3-9 , enacted by Ga. L. 2004, […]
§ 29-3-10. Requirements of Order Granting Conservatorship; Required Filing of Certificate
An order granting conservatorship shall specify: The name of the conservator and the basis for the selection; A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22 that are granted to the conservator; If a guardian is also appointed and if the guardian and conservator […]
§ 29-3-20. Rights of Minor; Effect on Testamentary Capacity
In every conservatorship, the minor has the right to: A qualified conservator who acts in the best interest of the minor; A conservator who is reasonably accessible to the minor; Have the minor’s property utilized as necessary to provide adequately for the minor’s support, care, education, health, and welfare; and Individually or through the minor’s […]
§ 29-3-21. Obligations of Conservator; Liability of Conservator
A conservator shall receive, collect, and make decisions regarding the minor’s property, except as otherwise provided by law or by the court. A conservator shall at all times act as a fiduciary in the minor’s best interest and exercise reasonable care, diligence, and prudence. A conservator shall: Respect the rights and dignity of the minor; […]
§ 29-3-22. Power of Conservator; Cooperation With Guardian of Minor
Without court order, the appointment of a conservator shall vest in the conservator the exclusive power to: Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor; […]
§ 29-3-23. Rights of Conservator to Property; Disclosure of Conflicts of Interest
The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property. The conservator must promptly disclose any conflict of interest between the conservator and the minor when it arises or becomes known to the conservator and seek the court’s determination as to whether the conflict is insubstantial or whether […]
§ 29-3-24. Oath of Conservator
Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed […]