§ 29-6-9. Circumstances Under Which Custodial Property Shall Be Returned
The judge shall turn over all custodial property held pursuant to this chapter to: A conservator if the custodial funds exceed $15,000.00; A minor upon reaching the age of majority; A former incapacitated adult upon restoration to capacity; The personal representative of a deceased minor or incapacitated adult; or The Department of Revenue four years […]
§ 29-5-120. Petition for Removal; Prerequisites
A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the ward resides. Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of […]
§ 29-7-1. Definitions
As used in this chapter, the term: “Benefits” means all moneys paid or payable by the United States through the United States Department of Veterans Affairs. “Department” means the United States Department of Veterans Affairs, its predecessors, or its successors. “Estate” means income on hand and assets acquired partially or wholly with income. “Income” means […]
§ 29-5-135. “Foreign Conservator” Defined; Sale or Disposal of Property
For purposes of this part, the term “foreign conservator” means a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the ward, and […]
§ 29-7-2. Involvement of Secretary in Proceedings for Appointment or Discharge of Va Guardian; Jurisdiction; Notification to United States Department of Veterans Affairs
The secretary shall be a party in interest in any proceedings for the appointment or discharge of a VA guardian and in any proceedings involving the administration of the estate of the ward. Written notice of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to […]
§ 29-5-136. Conservator’s Power to Bring Suit
A foreign conservator may institute an action in any court in this state to enforce any right or to recover any property belonging to the ward or accruing to the foreign conservator in his or her capacity as conservator. History. Code 1981, § 29-5-136 , enacted by Ga. L. 2004, p. 161, § 1.
§ 29-7-3. Requirement of Secretary That Guardian Be Appointed
Whenever, pursuant to any law of the United States or regulation of the department, the secretary requires, prior to payment of benefits, that a VA guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter. History. Code 1981, § 29-7-3 , enacted by Ga. L. 2004, p. […]
§ 29-5-137. Filing of Letters of Conservatorship With Court
Pending an action brought by a foreign conservator pursuant to Code Section 29-5-136, an authenticated copy of the letters of conservatorship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers, if the action […]
§ 29-7-4. Prima-Facie Evidence of Necessity for Appointment of Va Guardian
Where a petition is filed for the appointment of a VA guardian for a mentally incompetent ward, a certificate of the secretary or the secretary’s duly authorized representative stating that such individual has been rated incompetent by the department on examination in accordance with the laws and regulations governing the department and that the appointment […]
§ 29-5-138. Submission to Jurisdiction Personally of Foreign Conservator; Registration of Conservatorship
A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by: Receiving payment of money or taking delivery of personal property in this state belonging to the ward; Doing any act as a conservator in this state that would have given this state jurisdiction […]