hb229.html

29-2-5.
(a) A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor.
(b) The petition shall be filed in the probate court of the county of domicile of the petitioner.
(c) A petition for the appointment of a temporary guardian shall include the following:
(1) The name, address, and date of birth of the minor;
(2) The name and address of the petitioner and the petitioner´s relationship to the minor, if any;
(3) A statement that the petitioner is domiciled in the county in which the petition is being filed and has physical custody of the minor;
(4) The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor´s natural guardian;
(5) A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition;
(6) If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and
(7) The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.

29-2-6.
(a) Except as otherwise provided in subsection (f) of this Code section, if the sole parent or both parents of the minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.
(b)(1) If one or both of the parents of the minor have not consented to the appointment of the temporary guardian, notice of the petition shall be given to any parent who has not consented.
(2) The notice shall be by personal service if the parent resides in this state at a known address; by first-class mail if the parent resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known.
(3) The notice shall state that the parent is entitled to object either to the establishment of a temporary guardianship or to the selection of the petitioner as temporary guardian, or both.
(4) The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.
(c) Except as otherwise provided in subsection (f) of this Code section, if no parent who is entitled to notice under subsection (b) of this Code section files a timely objection to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.
(d) If a natural guardian of the minor files a timely objection to the establishment of the temporary guardianship, the court shall dismiss the petition. If a natural guardian files a timely objection to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine who shall serve as temporary guardian.
(e) If a parent who is not a natural guardian files a timely objection to the establishment of the temporary guardianship or to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine all matters at issue.
(f) In all hearings held pursuant to this Code section, the standard for determination for all matters at issue shall be the best interest of the minor. As to the selection of the temporary guardian, the preference of the minor may be heard. In all proceedings under this Code section, the court has the option to refer the petition to the juvenile court which shall, after notice and hearing, determine whether the temporary guardianship is in the best interest of the minor.

29-2-7.
(a) Except as otherwise provided by law, a temporary guardian shall be entitled to exercise any of the powers of a natural guardian. The court in its discretion may waive the requirement that a temporary guardian file the personal status reports that are required by paragraph (8) of subsection (b) of Code Section 29-2-21.
(b) If a temporary guardian, in writing, assumes the obligation to support the minor while the temporary guardianship is in effect, to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the minor the temporary guardianship shall be deemed to be a permanent guardianship.

29-2-8.
(a) A temporary guardianship shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, the temporary guardian dies, letters of guardianship are issued to a permanent or testamentary guardian, or a court order terminating the temporary guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court may order a hearing in an appropriate case.
(b) Either natural guardian of the minor may at any time petition the court to terminate a temporary guardianship; provided, however, that notice of such petition shall be provided to the temporary guardian. If no objection to the termination is filed by the temporary guardian within ten days of the notice, the court shall order the termination of the temporary guardianship. If the temporary guardian objects to the termination of the temporary guardianship within ten days of the notice, the court shall have the option to hear the objection or transfer the records relating to the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or termination of the temporary guardianship is in the best interest of the minor.

(3) DESIGNATION AND IDENTIFICATION OF STANDBY GUARDIAN: Pursuant to Part 4 of Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, I hereby designate ________________________ (insert name of standby guardian), whose address is _______________________ (insert address) and whose county and state of domicile are _______________________ (insert name of county and state), to serve as the standby guardian of the minor(s) whom I have identified above.
(4) POWERS OF STANDBY GUARDIAN: The standby guardian whom I have designated above shall have all the rights, duties, and responsibilities under Georgia law of a guardian of a minor who has been appointed by a court.
(5) DURATION OF STANDBY GUARDIANSHIP: I understand that upon a health care professional determining in writing that, due to my physical or mental health condition, I am not able to care for the minor(s) identified above, this standby guardianship shall become effective and the person whom I have designated above shall become the standby guardian of the person of the minor(s).
I understand that I can revoke this standby guardianship by destroying this document, obliterating it, or by revoking it in writing with proper witnesses. I understand that if I wish to revoke the standby guardianship after the health determination has been made I must file a notice of the revocation of the standby guardianship with the probate court and mail a copy of the notice of revocation to the standby guardian.
Finally, I understand that this standby guardianship will automatically end 120 days after the health care professional makes the determination that I am unable to care for the minor(s), unless the standby guardian has filed a petition for guardianship of the minor. If the standby guardian files such a petition, the standby guardianship will remain in effect, unless otherwise revoked, until the judge rules on the petition. In considering such a petition for guardianship, I understand that the judge will give preference for the appointment to the individual whom I name as the standby guardian in this document.
(6) SIGNATURE: I certify that the statements contained herein are true and correct, this _____ day of ______________, ____.

________________________________
(Designating individual signs here)
(Print name of designating individual)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian, and state that the designating individual signed this designation in our presence.

___________________________ ____________________________
(Signature of first witness) (Print first witness´s address)

_________________________ ____________________________
(Signature of second witness) (Print second witness´s address)
(7) CONSENT OF PARENT (To be completed only if line A-4 in paragraph (1) above has been checked):
I, ________________________ (insert name of parent other than the one designating the standby guardian), whose address is _____________________ (insert address), am the parent of the above named minor(s). I understand that by this form, an individual is being designated to serve as a standby guardian of my child (or children). I understand that this standby guardian will have all the rights, duties, and responsibilities under Georgia law of a guardian of the person of a minor who has been appointed by a court.
I further understand that I may object to this designation. Knowing this, I consent to the designation of _________________________ (insert name of standby guardian).
This _____ day of ______________, ____.

_________________________
(Other parent signs here)
(Print name of other parent)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the above-named parent signed this consent in our presence.

___________________________ ____________________________
(Signature of first witness) (Print first witness´s address)

___________________________ ____________________________
(Signature of second witness) (Print second witness´s address)
(8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN:
I, _______________________ (insert name of designated standby guardian), am the individual designated as the standby guardian in this document. I hereby accept this designation with full knowledge that upon a health care professional making a written determination that the parent of the minor(s) is not able to care for the minor(s) due to his or her physical or mental health or condition, I automatically take on this guardianship.
Further, I understand that I must file a notice of my becoming a standby guardian, a copy of this designation, and a copy of the health determination with the probate court as soon as the health determination has been made. I understand that within 120 days of the health determination being made I must petition the probate court to name me as guardian of the minor(s).
This _____ day of ______________, ____.
_____________________________
(Standby guardian signs here)
(Print name of standby guardian)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the standby guardian signed this document in our presence.

___________________________ ____________________________
(Signature of first witness) (Print first witness´s address)

___________________________ ____________________________
(Signature of second witness) (Print second witness´s address)

29-2-12.
(a) At any time before the health determination is made, a standby guardianship may be revoked without notice to anyone by destruction or obliteration of the designation done by the designating individual with an intent to revoke or by a written revocation signed by the designating individual or by some other individual in the designating person´s presence and at the designating individual´s express direction and attested to and subscribed by two or more competent witnesses.
(b) After the health determination has been made the standby guardianship may be revoked by the designating individual by filing a notice of such revocation with the court in which the standby guardianship was filed the notice as required by Code Section 29-2-10 and by mailing a copy of the notice of revocation by first-class mail to the standby guardian.

29-2-13.
(a) Within 120 days of the health determination being made, the standby guardian shall file with the probate court in the county of domicile of the minor a petition seeking temporary guardianship of the minor.
(b) Except as otherwise provided, a standby guardianship shall automatically terminate 120 days after the making of the health determination unless the standby guardian has filed a petition for temporary guardianship of the minor, in which case the standby guardianship shall remain in effect, unless otherwise revoked, until the petition is ruled upon.
(c) If the designating individual dies prior to the entering of an order on a petition for guardianship of the minor, as contemplated by subsection (a) of this Code section, the standby guardianship shall be terminated. If the designating individual dies subsequent to the entering of an order on such a petition, the guardianship created pursuant to that order shall terminate in favor of any testamentary designation of a guardian of the minor or, if there is no testamentary designation, to an order on a petition for guardianship brought thereafter and subject to Code Section 29-2-17.

29-2-14.
The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the probate court of the county in which the petition for appointment of a permanent guardian is filed may transfer the case to the probate court of any other county in this state if such transfer would serve the best interest of the minor.

29-2-15
(a) For purposes of this part, the term 'biological father' means a father of a minor born out of wedlock whose rights regarding the minor have not been surrendered or terminated but who is not entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25.
(b)(1) Notice of a petition for appointment of a permanent guardian of a minor shall be given to the minor´s biological father, if any, in the following circumstances:
(A) If the identity of the biological father is known to the petitioner;
(B) If the biological father is a registrant on the putative father registry who has acknowledged paternity of the minor in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9;
(C) If the biological father is a registrant on the putative father registry who has indicated possible paternity of a child of the minor´s mother during a period beginning two years immediately prior to the minor´s date of birth in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9; or
(D) If the biological father has lived with the minor; contributed to the minor´s support; made any attempt to legitimate the minor; or provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the minor.
(2) The notice shall advise the biological father that he will lose all rights to object to the appointment of a permanent guardian for the minor if he does not file an objection with the court within 14 days of the notice and file a petition to legitimate the minor within 30 days of the hearing on his objection. The notice shall include the name of the individual who will be the minor´s permanent guardian if the petition is granted.
(c) If the biological father files a timely objection to the petition, the court shall hear the objection and, if the biological father makes a request, shall continue the hearing for 30 days to allow the father to file a petition to legitimate the minor pursuant to Code Section 19-7-22. If the biological father´s petition for legitimation of the minor is granted, the petition for the appointment of a permanent guardian for the minor shall be dismissed.
(d) If the biological father does not file a petition for legitimation within 30 days or files a petition that is subsequently dismissed for failure to prosecute or files a petition and the action is subsequently concluded without a court order declaring that he is the father of the minor, the biological father shall have no further rights to receive notice of or object to the appointment of a permanent guardian for the minor.

29-2-16.
(a) The court shall appoint as permanent guardian that individual who will serve the best interest of the minor, considering the following order of preferences:
(1) The adult who is the preference of the minor if the minor is 14 years of age or older;
(2) The nearest adult relative of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998;
(3) Other adult relatives of the minor;
(4) Other adults who are related to the minor by marriage;
(5) An adult who was designated in writing by either of the minor´s natural guardians in a notarized document or document witnessed by two or more persons; or
(6) An adult who has provided care or support for the minor or with whom the minor has lived.
(b) The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.

29-2-17.
(a) Any interested person may file a petition for the appointment of a permanent guardian of a minor.
(b) The petition for appointment of a permanent guardian shall set forth:
(1) A statement of the facts upon which the court´s jurisdiction is based;
(2) The name, address, and date of birth of the minor;
(3) The name, address, and county of domicile of the petitioner and the petitioner´s relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual´s relationship to the minor, if any;
(4) A statement that the minor has no natural guardian, testamentary guardian, or permanent guardian;
(5) A statement of whether the child was born out of wedlock and, if so, the name and address of the biological father, if known;
(6) Whether, to the petitioner´s knowledge, there exists any notarized or witnessed document made by a parent of the minor that deals with the guardianship of the minor and the name and address of any designee named in the document;
(7) In addition to the petitioner and the nominated guardian, the names and addresses of the following relatives of the minor whose whereabouts are known:
(A) The adult siblings of the minor; provided, however, that not more than three adult siblings need to be listed;
(B) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be listed;
(C) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998;
(8) Whether a temporary guardian has been appointed for the minor or a petition for the appointment of a temporary guardian has been filed or is being filed; and
(9) The reason for any omission in the petition for appointment of a permanent guardian for a minor in the event full particulars are lacking.
(c) In addition to the notice required by Code Section 29-2-15, notice of the petition for appointment of a permanent guardian for a minor shall be given to any designee named in paragraph (6) of subsection (b) of this Code section and the individuals named in paragraph (7) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a permanent guardianship or to the selection of the petitioner as permanent guardian, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.
(d) If the judge deems it necessary, a temporary guardian may be appointed under the same rules that apply to the appointment of a temporary administrator.

29-2-18.
Upon the filing of a petition for the appointment of a permanent guardian of a minor and the giving of notice, the court shall hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor.

29-2-19.
An order granting permanent guardianship shall specify:
(1) The name of the permanent guardian and the basis for the selection of the guardian;
(2) A specific listing of any of the additional powers which are granted to the permanent guardian as provided in subsection (b) of Code Section 29-2-22;
(3) If only a guardian is appointed or if the guardian and the conservator appointed are not the same person, the reasonable sums of property to be provided the guardian to provide adequately for the minor´s support, care, education, health, and welfare are subject to modification by subsequent order of the court; and
(4) Such other and further provisions of the guardianship as the court shall determine to be in the best interest of the minor.

29-2-20.
(a) In every guardianship, the minor has the right to:
(1) A qualified guardian who acts in the best interest of the minor;
(2) A guardian who is reasonably accessible to the minor;
(3) Have his or her property utilized as necessary for his or her support, care, education, health, and welfare; and
(4) Individually or through the minor´s representative or legal counsel, bring an action relating to the guardianship.
(b) The appointment of a guardian is not a determination that a minor who is 14 years of age or older lacks testamentary capacity.

29-2-21.
(a) The power of a guardian over the minor shall be the same as that of a parent over a child; the guardian standing in place of the parent. A guardian shall at all times act as a fiduciary in the minor´s best interest and exercise reasonable care, diligence, and prudence.
(b) A guardian shall:
(1) Respect the rights and dignity of the minor;
(2) Arrange for the support, care, education, health, and welfare of the minor considering the minor´s available resources;
(3) Take reasonable care of the minor´s personal effects;
(4) Expend money of the minor that has been received by the guardian for the minor´s current needs for support, care, education, health, and welfare;
(5) Conserve for the minor´s future needs any excess money of the minor received by the guardian; provided, however, that if a conservator has been appointed for the minor, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the minor´s future needs;
(6) If necessary, petition to have a conservator appointed;
(7) Endeavor to cooperate with the conservator, if any;
(8) Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the conservator, if any, a personal status report concerning the minor, which shall include:
(A) A description of the minor´s general condition, changes since the last report, and the minor´s needs;
(B) All addresses of the minor during the reporting period and the living arrangements of the minor for all addresses; and
(C) Recommendations for any alteration in the guardianship order;
(9) Promptly notify the court of any conflict of interest between the minor and the guardian when the conflict arises or becomes known to the guardian and take such action as is required by Code Section 29-2-23;
(10) Keep the court informed of the guardian´s current address; and
(11) Act promptly to terminate the guardianship when the minor dies, reaches age 18, is adopted, or is emancipated.
(c) A guardian, solely by reason of the guardian-minor relationship, is not personally liable for:
(1) The minor´s expenses;
(2) Contracts entered into in the guardian´s fiduciary capacity;
(3) The acts or omissions of the minor;
(4) Obligations arising from ownership or control of property of the minor; or
(5) Other acts or omissions occurring in the course of the guardianship.

29-2-22.
(a) The appointment of a guardian shall vest in the guardian the exclusive power, without court order, to:
(1) Take custody of the person of the minor and establish the minor´s place of dwelling within this state;
(2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consent or approval that may be necessary for medical or other professional care, counsel, treatment, or services for the minor;
(3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor;
(4) Execute a surrender of rights to enable the adoption of the minor pursuant to the provisions of Chapter 8 of Title 19 or the adoption laws of any other state; and
(5) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare of the minor.
(b) At the time of the appointment of the guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such notice, if any, as the court shall determine, provided that no disposition of the minor´s property shall be made without the involvement of a conservator, if any:
(1) To establish the minor´s place of dwelling outside this state;
(2) To change the jurisdiction of the guardianship to another county in this state that is the county of the minor´s place of dwelling, pursuant to Code Section 29-2-60;
(3) To change the domicile of the minor to the minor´s or the guardian´s place of dwelling, in the determination of which the court shall consider the tax ramifications and the succession and inheritance rights of the minor and other parties;
(4) To consent to the marriage of the minor;
(5) To receive reasonable compensation from the estate of the minor for services rendered to the minor; and
(6) If there is no conservator, to disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998.
(c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the minor and shall give notice to any natural guardian of the minor.
(d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the minor and the views of the conservator, if available, or, if there is no conservator, of others who have custody of the minor´s property.
(e) In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody of the minor´s property.

29-2-23.
The guardian must disclose promptly any conflict of interest between the guardian and the minor when it arises or becomes known to the guardian and seek the court´s determination as to whether the conflict is insubstantial or if it is in the best interest of the minor for the guardian to continue to serve.

29-2-24.
Before entering upon the duties of the appointment, every guardian 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 guardian and to account faithfully for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

29-2-25.
(a) A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.
(b) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
(c) If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state the bond premium may be paid as part of the cost of administration.

29-2-40.
(a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:
(1) The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause;
(2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;
(3) Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardian´s care of the minor, which disagreement and conflict appear to be detrimental to the minor;
(4) The resignation of the guardian will result in or permit substantial financial benefit to the minor; or
(5) The resignation would not be disadvantageous to the minor.
(b) The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.
(c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the parents of the minor in the event of the resignation of a temporary guardian, to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian:
(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998.
(d) If after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-2-51 and accept the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property held by the guardian.

29-2-41.
(a) In the event of the death of a guardian, and upon the petition of an interested person or upon the court´s own motion, the court shall appoint a successor guardian. The court shall notify the minor and any guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail to the conservator of the minor, if any, to the personal representative of the deceased guardian, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998.
(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 29-2-51 requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the minor held by the guardian.

29-2-42.
(a) 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 guardianship or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute guardian for the minor during the investigation.
(b) Upon investigation the court may in its discretion:
(1) Revoke or suspend the letters of guardianship;
(2) Require additional security;
(3) Reduce or deny compensation to the guardian or impose such other sanction or sanctions as the court deems appropriate; and
(4) Issue any other order as in the court´s judgment is appropriate under the circumstances of the case.
(c) The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian The successor guardian shall be made a party to the action in the manner provided in Code Section 9-11-25.

29-2-43.
(a) If a guardian 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:
(1) To recover damages;
(2) To compel performance of the guardian´s duties;
(3) To enjoin the commission of a breach of fiduciary duty; or
(4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b) When the minor´s assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.
(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

29-2-44.
All actions against a guardian, except on the guardian´s bond, shall be brought within six years of the termination of the guardianship of the minor, except as provided in Code Section 9-3-90.

29-2-65.
(a) For purposes of this part and Part 3 of this article, the term 'guardianship' refers to a legal relationship in which a person is given responsibility by a foreign court for the care of a minor, thereby becoming a guardian.
(b) A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the county in this state where the minor resides or may reside.
(c) The petition shall include the following:
(1) An authenticated copy of the foreign guardianship order including:
(A) All attachments describing the duties and powers of the guardian; and
(B) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;
(2) The address of the foreign court which issued the guardianship order;
(3) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(4) The petitioner´s name, address, and county of domicile;
(5) The name, age, and current address of the minor and the new or proposed address of the minor;
(6) The names and current addresses of the adult siblings of the minor, if any;
(7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other person currently serving as guardian;
(8) The name and address of any person currently acting as legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
(9) The name and address of the minor´s conservator, if any; and
(10) The reason the transfer is in the minor´s best interest.
(c) The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.

29-2-66.
(a) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the minor. The notice shall:
(1) State that the minor has a right to a hearing on the petition;
(2) Inform the minor of the procedure to exercise the minor´s right to a hearing; and
(3) State that the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the transfer of the guardianship.
(b) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be provided to the foreign court from which the guardianship is to be transferred. Notice to the foreign court shall include a request that the foreign court:
(1) Certify whether:
(A) The foreign court has any record that the guardian has engaged in malfeasance, misfeasance, or nonfeasance during the guardian´s appointment;
(B) Periodic status reports have been filed in a satisfactory manner; and
(C) All bond or other security requirements imposed under the guardianship have been performed; and
(2) Forward copies of all documents filed with the foreign court relating to the guardianship including but not limited to:
(A) The initial petition for guardianship and other filings relevant to the appointment of the guardian;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the guardianship;
(C) Reports of physical and mental health practitioners describing the condition of the minor;
(D) Periodic status reports on the condition of the minor; and
(E) The order to transfer the guardianship.
(c) Notice and a copy of the petition for receipt and acceptance of the guardianship shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of their right to object to the receipt and acceptance of the guardianship by this state.
(d) The minor shall have 30 days from the date of service to request a hearing on the petition. All other persons to whom notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition.
(e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if it finds that:
(1) The guardian has filed a petition in the foreign court for transfer and release of the guardianship to this state;
(2) Notice was given to the minor and all interested persons in conjunction with the petition for transfer and release of the guardianship;
(3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the guardianship filed with the foreign court and proof that service was made on the minor not more than 90 days from the date the petition for receipt and acceptance of the guardianship is filed in the court; and
(4) The minor is represented by legal counsel with respect to the petition in the foreign court.

29-2-67.
(a) On 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 for receipt and acceptance of the foreign guardian.
(b) If any interested person challenges the validity of the foreign guardianship or the authority of the foreign court to appoint the guardian, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

29-2-68.
(a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
(1) The guardian is presently in good standing with the foreign court; and
(2) The transfer of the guardianship from the foreign jurisdiction is in the best interest of the minor.
(b) Subject to subsection (c) of this Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship.
(c) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to:
(1) Delay the effective date of the receipt and acceptance for a reasonable period of time;
(2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or
(4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship.
(d) The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-2-16.

29-2-69.
(a) A guardian may petition a court of this state which has jurisdiction over the guardianship to transfer the guardianship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction.
(b) The minor may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The minor has resided in the foreign jurisdiction for more than 12 consecutive months;
(2) The guardian notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or
(3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for the minor in the foreign jurisdiction.
(c) To facilitate the transfer the court may order the guardian to file a petition for receipt and acceptance of the guardianship in the foreign jurisdiction.
(d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.

29-2-70.
The petition to transfer a guardianship to a foreign jurisdiction shall include the following:
(1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship if previously filed in the foreign court;
(2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(3) The petitioner´s name, address, and county of domicile;
(4) The name, age, and current address of the minor and the new or proposed address of the minor;
(5) The names and current addresses of the adult siblings of the minor, if any;
(6) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other individual currently serving as guardian;
(7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
(8) The name and address of the minor´s conservator, if any;
(9) The reason for moving the minor; and
(10) The reason the transfer of the guardianship is in the minor´s best interest.

29-2-71.
(a) Notice and a copy of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state:
(1) The date that the hearing shall be held; and
(2) That the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the receipt and acceptance of the guardianship.
(b) Notice and a copy of the petition to transfer the guardianship shall be provided to the foreign court to which the guardianship is to be transferred.
(c) Notice and a copy of the petition shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the guardianship by this state.

29-2-72.
On 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 guardianship.

29-2-73.
(a) The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that the:
(1) Guardian is presently in good standing with the court; and
(2) Transfer of the guardianship to the foreign jurisdiction is in the best interest of the minor.
(b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship the court is authorized to:
(1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the guardianship have been performed; and
(2) Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A) The initial petition for guardianship and other filings relevant to the appointment of the guardian;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship;
(C) Reports of physical and mental health practitioners describing the condition of the minor; and
(D) Periodic status reports on the condition of the minor.
(c) As necessary to coordinate the transfer of the guardianship, the court is authorized to:
(1) Delay the effective date of the transfer for a reasonable period of time;
(2) Make the transfer contingent upon the acceptance of the guardianship or appointment of the guardian in the foreign jurisdiction;
(3). Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are necessary to transfer the guardianship.

29-3-1.
(a) For purposes of this Code section, 'personal property' does not include the value of property that is held for the minor´s benefit in trust or by a custodian under Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.'
(b) The natural guardian of a minor may not receive the personal property of the minor until the natural guardian becomes the legally qualified conservator of the minor; provided, however, that when the total value of all personal property of the minor is $15,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property.
(c) Upon receiving an affidavit:
(1) That the value of all the personal property of a minor will not exceed $15,000.00 in value;
(2) That no conservator has been appointed for the minor´s estate; and
(3) That the affiant is the natural guardian of the minor,
any person indebted to or holding personal property of the minor shall be authorized to pay the amount of the indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof, any person having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the minor and shall not be required to see to the application or disposition of the personal property.
(d) This Code section shall not authorize a temporary, testamentary, or permanent guardian to receive personal property of the minor unless the guardian becomes the legally qualified conservator of the minor.

29-3-2.
The natural guardian of a minor who has no conservator may release the debtor and compromise a debt when the collection of the debt is doubtful without becoming the conservator of the minor and without such action being approved by the court if the amount of the debt is $15,000.00 or less.
29-3-3.
(a) 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 the claim, including cash, medical expenses, expenses of litigation, attorney´s fees, and any amounts paid to purchase an annuity or other similar financial arrangement.
(b) If the minor has a conservator, the only person who can compromise a minor´s claim is the conservator.
(c) Whether or not legal action has been initiated, if the proposed gross settlement of a minor´s claim is $15,000.00 or less, the natural guardian of the minor may compromise the claim without becoming the conservator of the minor and without court approval. The natural guardian must qualify as the conservator of the minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1.
(d) If no legal action has been initiated and the proposed gross settlement of a minor´s claim is more than $15,000.00, the settlement must be submitted for approval to the court.
(e) If legal action has been initiated and the proposed gross settlement of a minor´s claim is more than $15,000.00, the settlement must be submitted for approval to the court in which the action is pending. The natural guardian or conservator shall not be permitted to dismiss the action and present the settlement to the court for approval without the approval of the court in which the action is pending.
(f) If the proposed gross settlement of a minor´s claim is more than $15,000.00, but the gross settlement reduced by:
(1) Attorney´s fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and
(2) The present value of amounts to be received by the minor after reaching the age of majority
is $15,000.00 or less, the natural guardian may seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor. The natural guardian must qualify as the conservator of the minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1.
(g) If the proposed gross settlement of a minor´s claim is more than $15,000.00, but such gross settlement reduced by:
(1) Attorney´s fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and
(2) The present value of amounts to be received by the minor after reaching the age of majority
is more than $15,000.00, the natural guardian may not seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor.
(h) If an order of approval is obtained from the judge of the probate court based upon the best interest of the minor, the guardian is authorized to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt of part or all of the consideration for the compromise until after the minor reaches the age of majority and may involve a structured settlement or creation of a trust on terms which the court approves.
(i) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor.

29-3-4.
No person may be appointed or continue to serve as conservator of a minor who:
(1) Is a minor, a ward, or a protected person; or
(2) 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 interest.

29-3-5.
(a) Every parent, by will, may nominate a testamentary conservator for the parent´s minor child for the property that passes to the minors under the parent´s will.
(b) 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.
(c) A testamentary conservator shall not be required to give bond and security on the property that passes to the minor under the parent´s will, except in the case of waste committed or apprehended, in which case the court may require a bond and security. If the testamentary conservator fails to give bond as required, the court may dismiss the conservator and appoint another conservator. If property accrues or has accrued to the minor from sources other than the parent´s will, the court may appoint a different conservator for such property or may appoint the testamentary conservator for such property and require the testamentary conservator to give bond for the property thus accruing.
(d) In all other respects a testamentary conservator shall have the same rights, powers, and duties as other conservators appointed by the court.

29-3-6.
(a) The judge of the court in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the minor.
(b) If a nonresident minor has property in this state, the judge of the court of the county in which the property is located may appoint a conservator who shall have control only over such property.

29-3-7.
(a) The court shall appoint as conservator that person who shall best serve the interest of the minor considering the following order of preferences:
(1) The individual who is the preference of a minor who is 14 years of age or older;
(2) The nearest adult relative of the minor as set forth in Code Section 53-2-1 of the Revised Probate Code of 1998;
(3) Other adult relatives of the minor;
(4) Other adults who are related to the minor by marriage;
(5) A person who was designated in writing by a minor´s natural guardian in a notarized document or document witnessed by two or more persons;
(6) A person who has provided care or support for the minor or with whom the minor has lived; or
(7) The county guardian.
(b) The court may disregard an individual who has preference and appoint a person who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.

29-3-8.
(a) Any person may file a petition for the appointment of a conservator of a minor.
(b) The petition for appointment of a conservator shall set forth:
(1) A statement of the facts upon which the court´s jurisdiction is based;
(2) The name, address, and date of birth of the minor;
(3) The name, address, and county of domicile of the petitioner and the petitioner´s relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that person´s relationship to the minor, if any;
(4) Whether to the petitioner´s knowledge there exists any notarized or witnessed document made by a parent of the minor that deals with the conservatorship of the minor and the name and address of any designee named in the document;
(5) In addition to the petitioner and the nominated conservator, the names and addresses of the following relatives of the minor whose whereabouts are known:
(A) Any parent of the minor whose parental rights have not been terminated;
(B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be listed;
(C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be listed; or
(D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998;
(6) A description of all known assets, income, other sources of funds, liabilities, and expenses of the minor;
(7) A disclosure of any financial interest that would cause the proposed conservator to have a conflict of interest with the minor;
(8) A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22, that are requested by the conservator and a statement of the circumstances that would justify the granting of such powers; and
(9) The reason for any omission in the petition for appointment of conservator of a minor in the event full particulars are lacking.
(c) Notice of the petition for appointment of a conservator for a minor shall be given to any designee named in paragraph (4) of subsection (b) of this Code section and the individuals named in paragraph (5) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known current address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a conservatorship or to the selection of the petitioner as conservator, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the date of the mailing of the notice, or within ten days of the date of the second publication of the notice.
(d) If the judge deems it necessary, a temporary conservator may be appointed under the same rules that apply to the appointment of a temporary administrator as provided in Article 4 of Chapter 6 of Title 53.

29-3-9.
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.

29-3-10.
(a) An order granting conservatorship shall specify:
(1) The name of the conservator and the basis for the selection;
(2) 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;
(3) If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be provided to the guardian to provide adequately for the minor´s support, care, education, health, and welfare, subject to modification by subsequent order of the court;
(4) If the minor has an interest in real property, the name of the county in which the real property is located; and
(5) Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the minor, stating the reasons therefor.
(b) In any case involving the appointment of a conservator, if the minor has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the minor owns real property, which shall be recorded in the deed records of the county and indexed under the name of the minor in the grantor index. The certificate shall set forth the name of the minor, the expiration date of the conservatorship, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.

29-3-20.
(a) In every conservatorship, the minor has the right to:
(1) A qualified conservator who acts in the best interest of the minor;
(2) A conservator who is reasonably accessible to the minor;
(3) Have the minor´s property utilized as necessary to provide adequately for the minor´s support, care, education, health, and welfare; and
(4) Individually or through the minor´s representative or legal counsel, bring an action relating to the conservatorship.
(b) The appointment of a conservator is not a determination that an individual who is 14 years of age or older lacks testamentary capacity.

29-3-21.
(a) 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.
(b) A conservator shall:
(1) Respect the rights and dignity of the minor;
(2) Be reasonably accessible to the minor and maintain regular communication with the minor;
(3) Petition to have a guardian appointed if necessary;
(4) Endeavor to cooperate with the guardian, if any;
(5) Provide for the support, care, education, health, and welfare of the minor, considering available resources;
(6) Give such bond as required by Code Section 29-3-40;
(7) Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the minor´s property and a plan for administering the property, pursuant to the provisions of Code Section 29-3-30;
(8) Take into account any estate plan of the minor known to the conservator in the administration of the conservatorship;
(9) Keep accurate records including adequate supporting data and file annual returns as required by Code Section 29-3-60;
(10) Promptly notify the court of any conflict of interest between the minor and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section 29-3-23;
(11) Keep the court informed of the conservator´s current address; and
(12) Act promptly to terminate the conservatorship when the minor reaches the age of majority.
(c) A conservator, solely by reason of the conservator-minor relationship, is not personally liable for:
(1) The minor´s expenses;
(2) Contracts entered into in the conservator´s fiduciary capacity;
(3) The acts or omissions of the minor;
(4) Obligations arising from ownership or control of property of the minor; or
(5) Other acts or omissions occurring in the course of the conservatorship.

29-3-22.
(a) Without court order, the appointment of a conservator shall vest in the conservator the exclusive power to:
(1) 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;
(2) Enter into contracts for labor or services upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30;
(3) Borrow money for one year or less and bind the minor or the minor´s property, but only if the amount of the annual payments when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 and only if done for purposes of paying the minor´s debts, providing for the support, care, education, health, or welfare of the minor, or repairing the minor´s dwelling place;
(4) Receive, collect, and hold the minor´s property, additions to the minor´s property, and all related records;
(5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-3-31;
(6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor;
(7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the minor;
(8) Examine the will and any other estate planning documents of the minor;
(9) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservator´s sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator;
(10) Invest the minor´s property pursuant to the provisions of Code Sections 29-3-32 and 29-3-33;
(11) Sell the minor´s stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-3-35;
(12) Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in the amount of $15,000.00 or less; and
(13) Release the debtor and compromise all debts in the amount of $15,000.00 or less when the collection of the debt is doubtful.
(b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to:
(A) Invest the minor´s property in investments other than those authorized in Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34, without further court approval of any investment;
(B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor´s real or personal property without complying with the provisions of Code Section 29-3-35, other than the provisions for additional bond set forth in subsection (e) of Code Section 2-3-35; or
(C) Continue the operation of any farm or business in which the minor has an interest.
(2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order such hearing as the court deems appropriate. Notice shall be given by personal service to the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any; the surety on the conservator´s bond; and to the following relatives of the minor whose whereabouts are known:
(A) Any parent of the minor whose parental rights have not been terminated;
(B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need to be notified;
(C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified;
(D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1 of the Revised Probate Code of 1998.
(c) After appointment of a guardian ad litem for the minor and such hearing as the court deems appropriate, in granting the petition for appointment of conservator or at any time during the conservatorship, the court may grant the conservator any of the following powers on a case-by-case basis:
(1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor;
(2) To enter into contracts for labor or services for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30;
(3) To make specific investments of the minor´s property that do not comply with the provisions of Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34;
(4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the minor´s real or personal property without complying with the provisions of Code Section 29-3-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 2-3-35;
(5) Pursuant to the provisions of Code Section 29-3-3, to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is more than the amount of $15,000.00;
(6) To release the debtor and compromise a debt which is in the amount of $15,000.00 or more when the collection of the debt is doubtful;
(7) To establish or add property to a trust for the benefit of the minor; provided, however, that the trust must provide that the minor may revoke the trust at any time after reaching the age of majority and, unless otherwise provided by court order pursuant to Code Section 29-3-36, the trust shall terminate upon the minor´s death and any property remaining in the trust shall be paid to the minor´s estate;
(8) To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998;
(9) To engage in estate planning for the minor pursuant to the provisions of Code Section 29-3-36; and
(10) To perform such other acts as may be in the best interest of the minor.
(d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, if there is no guardian, of others who have custody of the minor.
(e) In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody of the minor.

29-3-23.
(a) The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property.
(b) 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 it is in the best interest of the minor for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the minor, the conservator may either resign or forfeit the property interest that is the source of the conflict.
(c) A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse, descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.

29-3-24.
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 before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

29-3-30.
(a) Within two months of appointment, the conservator shall file with the court and provide to the minor´s guardian, if any, an inventory of the minor´s property and a plan for managing, expending, and distributing the property.
(b) The inventory shall describe all the assets and liabilities of the minor and shall include a list of all the personal and real property owned by the minor and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the minor which are known to the conservator.
(c) The plan for managing, expending, and distributing the minor´s property must be based on the actual needs of the minor and take into consideration the best interest of the minor. The conservator shall include in the plan projections for expenses and resources and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.

29-3-31.
(a) 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. In the case of corporate securities, the conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities.
(b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary´s own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary´s own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing, and whether or not any of the corporations own assets identical or similar to the assets of or carry on business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary.
29-3-32.
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:
(1) 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;
(2) Bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36;
(3) Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia;
(4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds of which are guaranteed by the United States government;
(5) Interest-bearing deposits in any financial institution located in this state, to the extent the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or comparable insurance;
(6) Bonds or other obligations issued by a housing authority pursuant to Article 1 of Chapter 3 of Title 8 or issued by any public housing authority or agency of the United States when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof, as authorized by Code Section 8-3-81;
(7) Bonds or other obligations issued by a housing authority in connection with a redevelopment program pursuant to Chapter 4 of Title 8, as authorized by Code Section 8-4-11;
(8) Bonds issued by the Georgia Education Authority, pursuant to Part 3 of Article 11 of Chapter 2 of Title 20, as authorized by Code Section 20-2-570;
(9) Bonds issued by the Georgia Building Authority (Hospital), pursuant to Article 2 of Chapter 7 of Title 31, as authorized by Code Section 31-7-27;
(10) Bonds issued by the Georgia Highway Authority, pursuant to Code Section 32-10-30, as authorized by Code Section 32-10-45;
(11) Bonds or other obligations issued by a municipality or county pursuant to Chapter 61 of Title 36 or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Code Section 36-61-17, provided that such bonds or other obligations are secured by an agreement between the issuer and the federal government in accordance with Code Section 36-61-13, as authorized by Code Section 36-61-13;
(12) Bonds issued by the Georgia Building Authority (Penal), pursuant to Chapter 3 of Title 42, as authorized by Code Section 42-3-21;
(13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286;
(14) Real property loans, as authorized by Code Section 53-12-284:
(A) Which are not in default;
(B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property;
(C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and
(D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and
(15) Any other investments which are designated under the laws of this state as lawful or legal investments for guardians or conservators.

29-3-33.
(a) 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 in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq., so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;
(2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and
(3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.
(b) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-3-34.
(a) 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 with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator may consider the general economic conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of the minor.
(b) Within the limitations of the standard provided in subsection (a) of this Code section and with prior approval by the court in accordance with Code Section 29-5-23, a conservator is authorized to acquire and retain every kind of property, including real, personal, or mixed and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-l, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes of the portfolio, the general economy, and the needs of the minor as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the minor´s portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired without limitation as to time and without regard to its suitability for original purchase.
(c) A conservator that is a financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-3-35.
(a) A conservator may sell perishable property of the minor, property of the minor that is liable to deteriorate from keeping, or property of the minor that is expensive to keep as early as practicable and in the manner as the court shall determine is in the best interest of the minor, after notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances.
(b) A conservator may sell stocks or bonds of the minor that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members.
(c) Except as otherwise provided in subsections (a) and (b) of this Code section, a conservator may petition the court to sell, rent, lease, exchange, or otherwise dispose of property of the minor, whether real or personal or mixed. The petition shall set forth the property involved and the interests therein, the specific purpose of the transaction, the proposed price, the anticipated net proceeds of the sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest of the minor.
(d) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor. The petition and notice shall be served personally on the minor and the guardian ad litem.
(e) If no written objection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order the sale summarily in the manner and under the terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the minor, which may require the sale to be private or at public auction, including confirmation of the sale by the court or otherwise.
(f) A conservator shall make a full return to the court within 30 days of every sale, specifying the property sold, the purchasers, and the amounts received, together with the terms of the sale.
(g) The recital in the conservator´s deed of a compliance with legal provisions shall be prima-facie evidence of the facts recited.
(h) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale as a condition of the sale.
(i) A temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the conservatorship is terminated.

29-3-36.
(a) 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 of the minor as is not required for the support, care, education, health, and welfare of the minor toward the establishment or continuation of an estate plan for the minor and make transfers of the minor´s personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the minor´s circumstances would make such transfers and there is no evidence that the minor, if not in need of a conservator, would not adopt such an estate plan.
(b) Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the minor and shall consider:
(1) The composition and value of the entire estate of the minor, other known sources of support available to the minor, and the income produced thereby;
(2) The probable expenses for the support, care, education, health, or welfare of the minor for the remainder of the minor´s lifetime in the standard of living to which the minor has become accustomed;
(3) The identity of the proposed transferees and, in particular, whether they are natural objects of the minor´s bounty by relationship or prior behavior of the minor;
(4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party;
(5) Any previous history or predisposition toward making similar transfers by the minor.

29-3-40.
(a) A conservator appointed by the court shall give bond with good and sufficient security.
(b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statement filed with the Comptroller of the Currency of the United States or the commissioner of banking and finance.
(c) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.

29-3-41.
(a) The bond of a conservator shall be:
(1) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state;
(2) Payable to the court for the benefit of the minor;
(3) Conditioned upon the faithful discharge of the conservator´s duty, as is required by law; and
(4) Attested by the judge or clerk of the court.
(b) The court may order a conservator who is required to give bond to post bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds.
(c) The bond shall be in a value equal to double the estimated value of the minor´s estate; provided, however, that the bond shall be in an amount equal to the estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon but, upon conversion of the real property into personal property, a bond shall be given based upon the value of the estate, including the value of the personal property into which the real property was converted.
(d) Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciary´s duty as such has been proved.

29-3-42.
If the value of the minor´s bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.

29-3-43.
(a) When it comes to the attention of the court, either by annual return or otherwise:
(1) That additional personal property has accrued to the minor by descent, gift, or otherwise or that for any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-3-40; or
(2) That the bond or security is otherwise insufficient in the judgment of the court,
the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator´s bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-3-82.
(b) When it comes to the attention of the court that the surety on the conservator´s bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator´s bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-3-82.

29-3-44.
(a) A conservator who is required to give bond, and who has given as security on such bond one or more licensed commercial sureties, may pay any bond premium from the estate.
(b) When the guardian is required to give bond pursuant to Code Section 29-2-25, the conservator shall pay any bond premium from the estate.

29-3-45.
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.

29-3-46.
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 as against a debtor, any party in interest or any person having demands against that conservator in the conservator´s representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person´s representative capacity.

29-3-47.
(a) 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.
(b) The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment of the judgment by the surety.

29-3-48.
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.

29-3-49.
(a) 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 of a surety shall be a sufficient ground for the discharge of the surety from future liability.
(b) Upon a petition by the surety or the surety´s personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and requiring the conservator to give new and sufficient security or be removed as conservator.
(c) If new security is given, the discharged surety shall be discharged only from liability for future misconduct of the conservator from the time the new security is given. The new surety shall be liable for past as well as future misconduct of the conservator.
(d) If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the minor if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up to the time of the settlement with the new conservator or the minor.

29-3-50.
(a) Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:
(1) 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 paid out by the conservator;
(2) An additional commission equal to one-half of 1 percent computed on the market value of the estate as of the last day of the reporting period. This commission shall be proportionately reduced for any reporting period of less than 12 months;
(3) Ten percent commission on the amount of interest made if, during the course of the conservatorship, the conservator shall receive interest on money loaned by the conservator in that capacity and shall include the same on the return to the court so as to become chargeable with the interest as a part of the corpus of the estate;
(4) Reasonable compensation, as determined in the discretion of the court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the court, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the court and irrespective of whether the property, except money, is tangible or intangible or personal or real; and
(5) In the discretion of the court, compensation for working land for the benefit of the minor, but not to exceed 10 percent of the annual income of the managed property.
(b) Whenever any portion of the dividends, interest, or rents payable to a conservator is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount withheld shall be deemed to have been collected by the conservator.
(c) Where some or all of the estate passes through the hands of several conservators by reason of the death, removal, or resignation of the first qualified conservator or otherwise, the estate shall not be subject to diminution by charges of commission of each successive conservator holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first conservator who receives the property for the benefit of the estate or that person´s representative, and commissions for paying out shall be paid to the conservator who actually distributes the fund, and no commissions shall be paid for handing over the fund to a successor conservator. If there is more than one conservator serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each.
(d) A conservator shall not be entitled to any commissions for any sums paid to any conservator of the estate as commissions or other compensation.
(e) Conservators who fail to make annual returns as required by law shall forfeit all commissions for transactions during the year within which no return is made unless the probate court, upon cause shown, shall by special order entered on the record, relieve them from the forfeiture.
(f) A conservator may renounce the right to all or any part of the compensation to which the conservator is entitled under this Code section.

29-3-51.
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 the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.

29-3-52.
(a) A conservator may petition the court for compensation that is greater than that allowed under Code Section 29-3-50. Service of notice of the petition for extra compensation shall be made to the minor and to a guardian ad litem appointed for the minor. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any written objections to the petition for extra compensation with the court within ten days.
(b) After hearing any objection filed by or on behalf of the minor, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.

29-3-53.
(a) Any conservator who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the minor owns an interest in the corporation or other business enterprise, provided that:
(1) The services furnished by the conservator to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;
(2) The compensation received for the services is reasonable; and
(3) The services are performed and the conservator is paid pursuant to a contract executed by the conservator and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the conservator and are not related to the conservator and provided the contract is approved by the court of the county which has jurisdiction over the conservatorship.
(b) Any conservator receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 29-3-52; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate.
(c) Nothing in this Code section shall prohibit the receipt by conservators of normal commissions and compensation for the usual services performed by conservators pursuant to law.
(d) The purpose of this Code section is to enable additional compensation to be paid to a conservator for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 29-3-52.

29-3-54.
A temporary substitute conservator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 9 of this title. The court shall award reasonable compensation to a temporary substitute conservator and such compensation shall be the only compensation or commission paid to the temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to a temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions of this article.

29-3-60.
(a) Each year, within 60 days of the anniversary date of qualification, every conservator shall file with the court a verified return consisting of a statement of the receipts and expenditures of the conservatorship during the year preceding the anniversary date of qualification, an updated inventory consisting of a statement of the assets and liabilities of the estate as of the anniversary date of qualification, an updated plan for managing, expending, and distributing the minor´s property, a note or memorandum of any other fact necessary to show the true condition of the estate, and a statement of the current amount of the bond. The conservator shall mail a copy of the return by first-class mail to the surety on the conservator´s bond and the minor´s guardian, if any. If the minor has no guardian or if the guardian and the conservator are the same person, the conservator shall mail a copy of the return by first-class mail to the minor.
(b) Upon petition of the conservator or upon the court´s own motion, the court may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the court is authorized to accept a return for filing even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the court, unless the court also enters an order changing the reporting date.
(c) The court shall carefully examine each return of a conservator and, upon petition of any interested person or upon the court´s own motion, may require the conservator to produce the original documents that support the return. Except as otherwise provided in this subsection, if no objection is filed within 30 days of the time the conservator´s return is filed, the court shall record the return within 60 days of its filing. The return shall be kept on file in the court. The recorded return shall be prima-facie evidence of its correctness. If there is an objection to the return or if the court on its own motion determines that the conservator may have wasted the property of the minor or failed in any manner to comply with applicable law, the court shall hold a hearing or take such other action as the court deems appropriate.
(d) The court shall keep a docket of conservators liable to file returns. Upon the failure of any conservator to file any return within the time frame required by law, the court shall cite the conservator to appear and show reason for the delay. A conservator who fails to file an annual return as required by law shall forfeit all commissions and other compensation for the year within which no return is filed unless otherwise ordered by the court. A willful and continued failure to file a return shall be good cause for removal.

29-3-61.
(a) At any time after the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court for an interim settlement of accounts. The court shall appoint a guardian ad litem for the minor upon the filing of the petition for interim settlement.
(b) The petition for an interim settlement of accounts shall be accompanied by a report which shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
(1) The period which the report covers;
(2) The name and address of the minor, the name and address of the minor´s guardian, if any, and the name of the surety on the conservator´s bond, with the amount of the bond; and
(3) Such other facts as the court may require.
(c) The court, upon the petition for an interim settlement of accounts being filed shall issue a citation and shall require any objections to be filed in accordance with Chapter 9 of this title. The minor and the guardian ad litem shall be served personally, and the minor´s guardian, if any, and the surety of the conservator´s bond shall be served by first-class mail.

29-3-62.
Any interested person may file an objection to the conservator´s interim settlement of accounts. Upon receipt of objections or on the court´s own motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.

29-3-63.
If the court finds that the conservator is liable to the minor, the court shall enter a judgment against the conservator and any surety in the amount of such liability.

29-3-64.
(a) The conservatorship of a minor shall terminate on the date upon which the minor reaches 18 years of age or, earlier, if the minor becomes emancipated. Proof of emancipation shall be filed with the court and where the court deems appropriate, the court may order a hearing on the issue of termination.
(b) Within six months prior to the date the minor reaches 18 years of age, the conservator or any other interested person may file a petition for the appointment of a conservator for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 5 of this title, to take effect on the date the minor reaches 18 years of age.
(c) The death of the minor automatically terminates the conservatorship, but the conservator or the conservator´s personal representative must comply with the provisions in Code Section 29-3-70.
(d) Upon termination of the conservatorship, the conservator shall deliver any money or property to the former minor or, if a conservator has been appointed for the former minor, to that conservator, or, if the minor is deceased, to the minor´s personal representative.

29-3-80.
(a) 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:
(1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause;
(2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator;
(3) Disagreement exists between the minor and the conservator or between the guardian and the conservator in respect to the conservator´s management of the minor´s property, which disagreement and conflict appear to be detrimental to the minor;
(4) The resignation of the conservator will result in or permit substantial financial benefit to the minor; or
(5) The resignation would not be disadvantageous to the minor.
(b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.
(c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the guardian of the minor, if any, the surety on the conservator´s bond, and to the following relatives of the minor who are persons other than the resigning conservator or the proposed successor conservator:
(1) Any parent of the minor whose parental rights have not been terminated;
(2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served;
(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to 53-2-1 of the Revised Probate Code of 1998.
(d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-3-91 and shall accept the conservator´s resignation, subject to the resigning conservator turning over to the successor conservator all property held by the conservator.

29-3-81.
(a) 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 to the guardian of the minor, if any, the surety on the conservator´s bond, the personal representative of the deceased conservator, if any, and, in the following order of preference, and to the following relatives of the minor who are persons other than the proposed successor conservator:
(1) Any parent of the minor whose parental rights have not been terminated;
(2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served;
(3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or
(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998.
(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-3-91 and require the personal representative of the deceased conservator to turn over to the successor conservator all property of the minor held by the conservator.

29-3-82.
(a) 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 deems appropriate. The court may appoint a temporary substitute conservator to take possession of and to administer the minor´s property during the investigation.
(b) Upon investigation the court may in its discretion:
(1) Revoke or suspend the letters of conservatorship;
(2) Require additional security;
(3) Require the conservator to appear and submit to a settlement of accounts following the procedure as set forth in Code Section 29-3-71, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;
(4) Reduce or deny compensation to the conservator or impose such other sanction or sanctions as the court deems appropriate; and
(5) Issue such other orders which the court deems appropriate under the circumstances of the case.
(c) The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.

29-3-83.
(a) 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:
(1) To recover damages;
(2) To compel performance of the conservator´s duties;
(3) To enjoin the commission of a breach of fiduciary duty; or
(4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b) When the minor´s assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.
(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

29-3-84.
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.

29-3-105.
(a) For purposes of this part and Part 3 of this article, the term 'conservatorship' refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of a minor, thereby becoming a conservator.
(b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the minor resides or may reside.
(c) The petition shall include the following:
(1) An authenticated copy of the foreign conservatorship order, including:
(A) All attachments describing the duties and powers of the conservator; and
(B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;
(2) The address of the foreign court which issued the conservatorship order;
(3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(4) The petitioner´s name, address, and county of domicile;
(5) The name, age, and current address of the minor;
(6) The names and current addresses of the adult siblings of the minor, if any;
(7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving;
(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
(9) The name and address of the minor´s guardian, if any;
(10) The name and address of the surety on the conservator´s bond;
(11) The reason the transfer is in the minor´s best interest; and
(12) To the extent known to the petitioner, a statement of the location and estimated value of the minor´s property and the source and amount of any anticipated income or receipts.
(d) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.

29-3-106.
(a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the minor. The notice shall:
(1) State that the minor has a right to a hearing on the petition;
(2) Inform the minor of the procedure to exercise the minor´s right to a hearing; and
(3) State that the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the transfer of the conservatorship.
(b) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be provided to the court from which the conservatorship is to be transferred. Notice to the foreign court shall include a request that the foreign court:
(1) Certify whether:
(A) The foreign court has any record that the conservator has engaged in malfeasance, misfeasance, or nonfeasance during the conservator´s appointment;
(B) Periodic reports have been filed in a satisfactory manner; and
(C) All bond or other security requirements imposed under the conservatorship have been performed;
(2) Forward copies of all documents filed with the foreign court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the conservatorship;
(C) Reports of physical and mental health practitioners describing the condition of the minor;
(D) Periodic status reports on the condition of the minor and the minor´s assets; and
(E) The order to transfer the conservatorship, if any.
(c) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of their right to object to the receipt and acceptance of the conservatorship by this state.
(d) The minor shall have 30 days from the date of service of the petition for receipt and acceptance of the foreign conservator to request a hearing on the petition. All other persons to whom notice is given under this Code section shall have 30 days from the mailing of the notice to request a hearing on the petition.
(e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The conservator has filed a petition in the foreign court for transfer and release of the conservatorship to this state;
(2) Notice was given to the minor and all interested persons in conjunction with the petition for transfer and release of the conservatorship;
(3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the conservatorship filed with the foreign court and proof that service was made on the minor not more than 90 days from the date the petition for receipt and acceptance of the conservatorship is filed in the court; and
(4) The minor is represented by legal counsel with respect to the petition in the foreign court.

29-3-107.
(a) 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 for receipt and acceptance of the foreign conservator.
(b) If any interested person challenges the validity of the foreign conservator or the authority of the foreign court to appoint the conservator, the court may stay this proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

29-3-108.
(a) The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:
(1) The conservator is presently in good standing with the foreign court; and
(2) The transfer of the conservatorship from the foreign jurisdiction is in the best interest of the minor.
(b) The court may require the conservator to file an inventory of the minor´s property at the time of the transfer from the foreign jurisdiction.
(c) Subject to subsection (d) of this Code section, at all times following the entry of the order accepting the guardianship, the laws of the State of Georgia shall apply to the conservatorship.
(d) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1) Delay the effective date of the receipt and acceptance for a reasonable period of time;
(2) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or
(4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the conservatorship.
(e) The denial of a petition for receipt and acceptance of the foreign conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section 29-3-8.

29-3-110.
(a) 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.
(b) The minor may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The minor has resided in the foreign jurisdiction for more than 12 consecutive months;
(2) The conservator notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or
(3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the minor in the foreign jurisdiction.
(c) To facilitate the transfer of conservatorship the court may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction.
(d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.

29-3-111.
The petition to transfer a conservatorship to a foreign jurisdiction shall include the following:
(1) 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;
(2) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(3) The petitioner´s name, address, and county of domicile;
(4) The name, age, and current address of the minor and the new or proposed address of the minor;
(5) The names and current addresses of the adult siblings of the minor, if any;
(6) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving;
(7) The name and address of the minor´s guardian, if any;
(8) The name and address of the surety on the conservator´s bond;
(9) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
(10) The reason for moving the minor; and
(11) The reason the transfer of the conservatorship is in the minor´s best interest.

29-3-112.
(a) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state:
(1) The date that the hearing shall be held; and
(2) That the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the receipt and acceptance of the guardianship.
(b) Notice and a copy of the petition to transfer the conservatorship shall be provided to the foreign court to which the conservatorship is to be transferred.
(c) Notice and a copy of the petition to transfer the conservatorship shall be mailed to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the conservatorship by this state.

29-3-113.
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.

29-3-114.
(a) The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:
(1) The conservator is presently in good standing with the court; and
(2) The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the minor.
(b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed;
(2) Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;
(C) Reports of physical or mental health practitioners describing the condition of the minor; and
(D) Periodic status reports on the condition of the minor and the minor´s assets; and
(3) Require the conservator to file an inventory of the minor´s property at the time of the transfer to the foreign jurisdiction.
(c) As necessary to coordinate the transfer of the conservatorship the court is authorized to:
(1) Delay the effective date of the transfer for a reasonable period of time;
(2) Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.

29-4-1.
(a) The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety.
(b) No guardian, other than a guardian ad litem, shall be appointed for an adult except pursuant to the procedures of this chapter.
(c) No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult.
(d) No guardian shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a guardian for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
(e)(1) No adult shall be presumed to be in need of a guardian unless adjudicated to be in need of a guardian pursuant to this chapter.
(2) An adult shall not be presumed to be in need of a guardian solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A) Code Section 37-1-1;
(B) Code Sections 37-3-1 through 37-3-6;
(C) Articles 2 through 6 of Chapter 3 of Title 37;
(D) Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8;
(E) Articles 2 through 5 of Chapter 4 of Title 37;
(F) Code Section 37-5-3;
(G) Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and
(H) Articles 2 through 6 of Chapter 7 of Title 37.
(f) All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult´s actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate.

29-4-2.
(a) Only an individual may serve as guardian of an adult.
(b) No individual may be appointed as guardian of an adult who:
(1) Is a minor, a ward, or a protected person;
(2) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult´s best interest; or
(3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.

29-4-3.
(a) The court shall appoint as guardian that individual who will best serve the interest of the adult, considering the order of preferences set forth in this Code section. The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown.
(b) Individuals who are eligible have preference in the following order:
(1) The individual last nominated by the adult in accordance with the provisions of subsection (c) of this Code section;
(2) The spouse of the adult or an individual nominated by the adult´s spouse in accordance with the provisions of subsection (d) of this Code section;
(3) An adult child of the adult or an individual nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section;
(4) A parent of the adult or an individual nominated by a parent of the adult in accordance with the provisions of subsection (d) of this Code section;
(5) A guardian appointed during the minority of the adult;
(6) A guardian previously appointed in Georgia or another state;
(7) A friend, relative, or any other individual; and
(8) The county guardian or the director of the department of family and children services of the county of domicile of the adult or of the county in which the adult is found; provided, however, that the director of the county department of family and children services may delegate the guardianship duties to responsible employees of the department.
(c) At any time prior to the appointment of a guardian, an adult may nominate in writing an individual to serve as that adult´s guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5.
(d) At any time prior to the appointment of a guardian, a spouse, adult child, or parent of an adult may nominate in writing an individual to serve as that adult´s guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20 of the Revised Probate Code of 1998.
(e) A writing nominating the guardian of an adult:
(1) Must contain an express nomination of the individual who shall serve as guardian and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individual´s presence; and
(2) May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed.

29-4-10.
(a) Any interested person or persons, including the proposed ward, may file a petition for the appointment of a guardian. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found, provided that the court of the county where the proposed ward is found shall not have jurisdiction to hear any guardianship petition if it appears that the proposed ward was removed to that county solely for the purposes of filing a petition for the appointment of a guardian.
(b) The petition for appointment of a guardian shall set forth:
(1) A statement of the facts upon which the court´s jurisdiction is based;
(2) The name, address, and county of domicile of the proposed ward, if known;
(3) The name, address, and county of domicile of the petitioner or petitioners and the petitioner´s relationship to the proposed ward, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as guardian and that person´s relationship to the proposed ward, if any;
(4) A statement of the reasons the guardianship is sought, including the facts which support the claim of the need for a guardian;
(5) Any foreseeable limitations on the guardianship;
(6) Whether, to the petitioner´s knowledge, there exists any living will, durable power of attorney for health care, order relating to cardiopulmonary resuscitation, or other instrument that deals with the management of the person of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument;
(7) The names and addresses of the following whose whereabouts are known:
(A) The spouse of the proposed ward; and
(B) All children of the proposed ward; or
(C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the proposed ward;
(ii) Parents and siblings of the proposed ward; and
(iii) Friends of the proposed ward;
(8) If known, the name and address of any individual nominated to serve as guardian by the proposed ward, as described in paragraph (1) of subsection (b) of Code Section 29-4-3;
(9) If known, the name and address of any individual nominated to serve as guardian by the proposed ward´s spouse, adult child, or parent, as described in paragraph (2), (3), or (4) of subsection (b) of Code Section 29-4-3;
(10) Whether any nominated guardian has consented or will consent to serve as guardian;
(11) If known, whether any nominated guardian is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the proposed ward is receiving care, and, if so, whether the nominated guardian is related to the proposed ward by blood, marriage, or adoption;
(12) Whether an emergency guardian has been appointed for the proposed ward or a petition for the appointment of an emergency guardian has been filed or is being filed;
(13) If known, a disclosure of any ownership or other financial interest that would cause any nominated guardian to have a conflict of interest with the proposed ward;
(14) A specific listing of any of the additional powers, as described in subsection (b) of Code Section 29-4-23, that are requested by the guardian and a statement of the circumstances that would justify the granting of additional powers;
(15) Whether a guardian or conservator has been appointed in another state or whether a petition for the appointment of a guardian or conservator is pending in another state;
(16) That to petitioner´s knowledge, there has been no petition for guardianship denied or dismissed within two years by any court of this state or, if so, that there has been a significant change in the condition or circumstances of the individual, as shown by the accompanying affidavits or evaluation; and
(17) The reason for any omission in the petition for appointment of a guardian in the event full particulars are lacking.
(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker who is authorized to practice in that facility.
(2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the proposed ward´s health or safety.
(3) In addition to stating the facts that support the claim of the need for a guardian, the affidavit shall state the foreseeable duration of the guardianship and may set forth the affiant´s opinion as to any other limitations on the guardianship.

29-4-11.
(a) Upon the filing of a petition for guardianship of a proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1.
(b) If the court determines that there is no probable cause to believe that the proposed ward is in need of a guardian, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.
(c) If the court determines that there is probable cause to believe that the proposed ward is in need of a guardian:
(1) The court shall immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail;
(B) Inform the proposed ward that a petition has been filed to have a guardian appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if a guardian is appointed, the proposed ward may lose important rights to control the management of the proposed ward´s person;
(C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (d) of this Code section; and
(D) Inform the proposed ward of the proposed ward´s right to independent legal counsel and that the court shall appoint counsel within two days of service unless the proposed ward indicates that he or she has retained counsel in that time frame;
(2) Upon notice that the proposed ward has retained legal counsel or upon the appointment of legal counsel by the court, the court shall furnish legal counsel with a copy of the petition, the affidavit, if any, and the order for evaluation provided for by subsection (d) of this Code section;
(3) The court shall give notice of the petition by first-class mail to all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-4-10; and
(4) On the motion of any interested person or on the court´s own motion, the court shall determine whether to appoint a guardian ad litem.
(d)(1) If the petition is not dismissed under subsection (b) of this Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that federal facility, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-4-10.
(2) When evaluating the proposed ward, the physician, psychologist, or licensed clinical social worker shall explain the purpose of the evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissable as evidence in any proceeding other than a proceeding under this chapter. The proposed ward´s legal counsel shall have the right to be present but shall not participate in the evaluation.
(3) The evaluation shall be conducted with as little interference with the proposed ward´s activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and the legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility or the office of the physician, psychologist, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, if possible;
(B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward;
(C) A review of the records for the proposed ward including, but not limited to, medical records, medication charts, and other available records;
(D) An assessment of cultural factors and language barriers that may impact the proposed ward´s abilities and living environment; and
(E) All other factors the evaluator determines to be appropriate to the evaluation.
(4) A written report shall be filed with the court no later than seven days after the evaluation and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed ward´s legal counsel and, if any, the guardian ad litem.
(5) The report shall be signed under oath by the physician, psychologist, or licensed clinical social worker and shall:
(A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements of the evaluation;
(B) List all persons and other sources of information consulted in evaluating the proposed ward;
(C) Describe the proposed ward´s mental and physical state and condition, including all observed facts considered by the physician or psychologist or licensed clinical social worker;
(D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and
(E) Describe the needs of the proposed ward and their foreseeable duration.
(6) The proposed ward´s legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law.

29-4-12.
(a) After the filing of the evaluation report the court shall review the pleadings and the evaluation report.
(b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1, the court shall dismiss the petition.
(c) If, after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a guardian, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed ward´s legal counsel, and the proposed ward´s guardian ad litem, if any; the petitioner or the petitioner´s legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-4-10. The date of the hearing shall not be less than ten days after the notice is mailed.
(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at such other place as the court may choose. At the request of the proposed ward or the proposed ward´s legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court´s action. The proposed ward or the proposed ward´s legal counsel may waive the appearance of the proposed ward at the hearing.
(2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-4-13.
(3) The court shall apply the rules of evidence applicable in civil cases.
(4) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner.
(5) Upon determination of the need for a guardianship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-4-21 and whether any additional powers are to be granted to the guardian, pursuant to the provisions of subsection (b) of Code Section 29-4-23.
(6) If the court determines that a guardianship is necessary and the proposed ward is present, the proposed ward may suggest any individual as guardian. The court shall select as guardian the individual who will serve the best interest of the ward.
(7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for such hearing, the judge shall appoint an individual to hear the case and exercise all the jurisdiction of the court in the case. Any individual appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge´s successor in office. The compensation of an individual appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county.

29-4-13.
(a) The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting guardianship shall specify:
(1) The name of the guardian and the basis for the selection;
(2) Any powers retained by the ward pursuant to Code Section 29-4-21;
(3) The limitations on the guardianship;
(4) A specific listing of any of the additional powers, as described in subsection (b) of Code Section 29-4-23, that are granted to the guardian;
(5) If only a guardian is appointed or if the guardian and the conservator appointed are not the same person, the reasonable sums of property to be provided the guardian to provide adequately for the ward´s support, care, education, health, and welfare, subject to modification by subsequent order of the court;
(6) The type and frequency of any physical, mental, and social evaluations of the ward´s condition which the court may require to supplement the reports submitted pursuant to paragraph (9) of subsection (a) of Code Section 29-4-22; and
(7) Such other and further provisions of the guardianship as the court shall determine to be in the best interest of the ward, stating the reasons therefor.
(b) Service of the court´s order shall be made by first-class mail upon the ward, the ward´s legal counsel, the guardian ad litem, if any, the guardian, the petitioner, and other persons designated for service of the petition for guardianship.
(c) After service of an order granting guardianship, the ward´s legal counsel shall make reasonable efforts to explain to the ward the order and the ward´s rights under the order.

29-4-14.
(a) Any interested person, including the proposed ward, may file a petition for the appointment of an emergency guardian. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found.
(b) The petition for appointment of an emergency guardian shall set forth:
(1) A statement of the facts upon which the court´s jurisdiction is based;
(2) The name, address, and county of domicile of the proposed ward, if known;
(3) The name, address, and county of domicile of the petitioner and the petitioner´s relationship to the proposed ward;
(4) A statement of the reasons the emergency guardianship is sought, including the facts that support the need for a guardian and the facts that establish an immediate and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed;
(5) The reasons why compliance with the procedures of Code Sections 29-4-10 through 29-4-13 is not appropriate in the circumstances;
(6) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; and
(7) The reason for any omission in the petition for appointment of emergency guardian in the event full particulars are lacking.
(c) The petition shall state whether a petition for the appointment of a guardian or conservator has been filed or is being filed in conjunction with the petition for the appointment of an emergency guardian.
(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility.
(2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the proposed ward´s health or safety and that there is an immediate and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed.
(3) In addition to stating the facts that support the claim of the need for an emergency guardianship, the affidavit shall state the foreseeable duration of the emergency guardianship and may set forth the affiant´s opinion as to any other limitations on the emergency guardianship.

29-4-15.
(a) Upon the filing of a petition for an emergency guardianship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency guardian within the meaning of paragraph (4) of subsection (b) of Code Section 29-4-14.
(b) If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.
(c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall:
(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment;
(2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition;
(3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72 hours of the time the order was issued and a written report shall be furnished to the court and made available to the parties within this time frame, which evaluation and report shall be governed by the provisions of subsection (c) of Code Section 29-4-6;
(4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail;
(B) Inform the proposed ward that a petition has been filed to have an emergency guardian appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency guardian is appointed, the proposed ward may lose important rights to control the management of the proposed ward´s person;
(C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection;
(D) Inform the proposed ward of the appointment of legal counsel; and
(E) Inform the proposed ward of the date and time of the hearing on the emergency guardianship; and
(5) Appoint an emergency guardian to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker. Appointment of an emergency guardian under this paragraph is not a final determination of the proposed ward´s need for a nonemergency guardian. Any emergency guardian appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward.

29-4-16.
(a) The court shall conduct the emergency guardianship hearing, at the time and date set forth in its order, to determine whether there is clear and convincing evidence of the need for an emergency guardianship in light of the evidence taken at the hearing. In addition to the evidence at the hearing the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days.
(b) If the court at the emergency hearing finds that an emergency guardianship is necessary, the court shall order the emergency guardianship; provided, however, that:
(1) Any emergency guardian shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward;
(2) The court may order the emergency guardian to make any report the court requires; and
(3) The emergency guardianship shall terminate on the earliest of:
(A) The court´s removal of the emergency guardian, with or without cause;
(B) The effective date of the appointment of a guardian;
(C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a guardian;
(D) The date specified for the termination in the order appointing the emergency guardian; or
(E) Sixty days from the date of appointment of the emergency guardian.

29-4-20.
(a) In every guardianship, the ward has the right to:
(1) A qualified guardian who acts in the best interest of the ward;
(2) A guardian who is reasonably accessible to the ward;
(3) Have the ward´s property utilized to provide adequately for the ward´s support, care, education, health, and welfare;
(4) Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction;
(5) Individually, or through the ward´s representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter and Chapter 5 of this title and including the right to bring an action to modify or terminate the guardianship pursuant to the provisions of Code Sections 29-4-41 and 29-4-42;
(6) The least restrictive form of guardianship assistance, taking into consideration the ward´s functional limitations, personal needs, and preferences; and
(7) Be restored to capacity at the earliest possible time.
(b) The appointment of a guardian is not a determination regarding the right of the ward to vote.
(c) The appointment of a guardian is not a determination that the ward lacks testamentary capacity.

29-4-21.
(a) Unless the court´s order specifies that one or more of the following powers are to be retained by the ward, the appointment of a guardian shall remove from the ward the power to:
(1) Contract marriage;
(2) Make, modify, or terminate other contracts;
(3) Consent to medical treatment;
(4) Establish a residence or dwelling place;
(5) Change domicile;
(6) Revoke a revocable trust established by the ward; and
(7) Bring or defend any action at law or equity, except an action relating to the guardianship.
(b) The mere appointment of a guardian does not revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care.

29-4-22.
(a) Except as otherwise provided by law or by the court, a guardian shall make decisions regarding the ward´s support, care, education, health, and welfare. A guardian shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward´s own behalf, and develop or regain the capacity to manage the ward´s personal affairs. To the extent known, a guardian, in making decisions, shall consider the expressed desires and personal values of the ward. A guardian shall at all times act as a fiduciary in the ward´s best interest and exercise reasonable care, diligence, and prudence.
(b) A guardian shall:
(1) Respect the rights and dignity of the ward;
(2) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward´s capacities, limitations, needs, opportunities, and physical and mental health;
(3) If necessary, petition to have a conservator appointed;
(4) Endeavor to cooperate with the conservator, if any;
(5) Take reasonable care of the ward´s personal effects;
(6) Arrange for the support, care, education, health, and welfare of the ward, considering the ward´s needs and available resources;
(7) Expend money of the ward that has been received by the guardian for the ward´s current needs for support, care, education, health, and welfare;
(8) Conserve for the ward´s future needs any excess money of the ward received by the guardian; provided, however, that if a conservator has been appointed for the ward, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the ward´s future needs;
(9) Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the ward and to the conservator, if any, a personal status report concerning the ward, which shall include:
(A) A description of the ward´s general condition, changes since the last report, and needs;
(B) All addresses of the ward during the reporting period and the living arrangements of the ward for all addresses;
(C) A description of the amount and expenditure of any funds that were received by the guardian pursuant to paragraph (7) of this subsection; and
(D) Recommendations for any alteration in the guardianship order;
(10) Promptly notify the court of any change in the ward´s condition that in the opinion of the guardian might require modification or termination of the guardianship;
(11) Promptly notify the court of any conflict of interest between the ward and the guardian when the conflict arises or becomes known to the guardian and take any action as is required by Code Section 29-4-24; and
(12) Keep the court informed of the guardian´s current address.
(c) A guardian, solely by reason of the guardian-ward relationship, is not personally liable for:
(1) The ward´s expenses or the expenses of those persons who are entitled to be supported by the ward;
(2) Contracts entered into in the guardian´s fiduciary capacity;
(3) The acts or omissions of the ward;
(4) Obligations arising from ownership or control of property of the ward; or
(5) Other acts or omissions occurring in the course of the guardianship.

29-4-23.
(a) Unless inconsistent with the terms of any court order relating to the guardianship, a guardian may:
(1) Take custody of the person of the ward and establish the ward´s place of dwelling within this state;
(2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consents or approvals that may be necessary for medical or other professional care, counsel, treatment, or service for the ward;
(3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalf of the ward; and
(4) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare of the ward.
(b) At the time of the appointment of the guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such notice, if any, as the court shall determine, provided that no disposition of the ward´s property shall be made without the involvement of a conservator, if any:
(1) To establish the ward´s place of dwelling outside this state;
(2) To change the jurisdiction of the guardianship to another county in this state that is the county of the ward´s place of dwelling, pursuant to Code Section 29-4-80;
(3) To change the domicile of the ward to the ward´s or the guardian´s place of dwelling, in the determination of which the court shall consider the tax ramifications and succession and inheritance rights of the ward and other parties;
(4) To bring an action for the divorce of the ward based on any of the grounds listed in Code Section 19-5-3, except on the ground that the marriage is irretrievably broken;
(5) To consent to the adoption of the ward;
(6) To receive reasonable compensation from the estate of the ward for services rendered to the ward; and
(7) If there is no conservator, to disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998.
(c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the ward.
(d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the ward and the views of the conservator, if any, or, if there is no conservator, of others who have custody of the ward´s property.
(e) In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody of the ward´s property.

29-4-24.
The guardian must promptly disclose any conflict of interest between the guardian and the ward when it arises or becomes known to the guardian and seek the court´s determination as to whether the conflict is insubstantial or if it is in the best interest of the ward for the guardian to continue to serve.

29-4-25.
Before entering upon the duties of the appointment, every guardian 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 guardian and to account faithfully for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

29-4-40.
(a) Upon the petition of any interested person, including the ward, or upon the court´s own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward´s legal counsel, if any, and the ward´s conservator, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.
(b) No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.

29-4-41.
(a) Upon the petition of any interested person, including the ward, or upon the court´s own motion, the court may modify the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-14 and 29-4-15, or the powers of the ward, as defined in Code Section 29-4-13, or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the guardianship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward´s legal counsel, and the ward´s conservator, if any. In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.
(b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with notice as the court deems appropriate.
(c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modify the guardianship upon a showing that the modification is in the ward´s best interest; provided, however, that the court may order compliance with any of the provisions of subsection (b) of this Code section prior to granting the petition for modification.
(d) In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the powers of the ward, the burden is on the petitioner to show by clear and convincing evidence that the modification is in the ward´s best interest. In any proceeding under this Code section that would restrict the powers of the guardian or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the ward´s best interest.
(e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification unless the petitioner shows a significant change in the condition or circumstances of the ward.

29-4-42.
(a) Upon the petition of any interested person, including the ward, or upon the court´s own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and property rights to the ward. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward´s legal counsel, if any, and the ward´s conservator, if any. The court shall appoint legal counsel for the ward and may, in its discretion, appoint a guardian ad litem.
(b) A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate.
(c) In any proceeding under this Code section, the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the guardianship.
(d) No petition for termination of a guardianship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the guardianship unless the petitioner shows a significant change in the condition or circumstances of the ward.
(e) The death of the ward automatically terminates the guardianship, except as otherwise provided in Code Section 29-4-43.
(f) Upon termination of the guardianship, the guardian shall deliver any money or property to the ward or, if a conservator has been appointed for the ward, to that conservator or, if the ward is deceased, to the ward´s personal representative.

29-4-43.
(a) Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of Code Section 29-4-22. Notice shall be published one time in the newspaper in which sheriff´s advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed.
(b) If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. An order dismissing the guardian shall not bar an action against the guardian.

29-4-50.
(a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:
(1) The guardian is unable to continue serving due to age, illness, infirmity, or other good cause;
(2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;
(3) Disagreement exists between the ward and the guardian or between the guardian and the conservator in respect of the guardian´s care of the ward, which disagreement and conflict appear to be detrimental to the ward;
(4) The resignation of the guardian will result in or permit substantial financial benefit to the ward; or
(5) The resignation would not be disadvantageous to the ward.
(b) The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship.
(c) The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward´s legal counsel. Service shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than resigning guardian or the proposed successor guardian:
(1) The spouse of the ward; and
(2) All adult children of the ward; or
(3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward;
(B) Parents and siblings of the ward; and
(C) Friends of the ward.
(d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-4-61 and accepting the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property held by the guardian.

29-4-51.
(a) In the event of the death of a guardian, and upon the petition of an interested person or on the court´s own motion, the court shall appoint a successor guardian. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward´s legal counsel. Notice shall be given by first-class mail to the conservator of the ward, if any, the personal representative of the deceased guardian, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The spouse of the ward; and
(2) All adult children of the ward; or
(3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward;
(B) Parents and siblings of the ward; and
(C) Friends of the ward.
(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 29-4-61, requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the ward held by the guardian.

29-4-52.
(a) 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 a guardian or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute guardian for the ward during the investigation.
(b) Upon investigation, the court may, in the court´s discretion:
(1) Revoke or suspend the guardian´s letters;
(2) Require additional security;
(3) Reduce or deny compensation to the guardian or impose any other sanction or sanctions as the court deems appropriate; and
(4) Issue any other order as in the court´s judgment is appropriate under the circumstances of the case.
(c) The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian The successor guardian shall be made a party to the action against the guardian in the manner provided in Code Section 9-11-25.

29-4-53.
(a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate to:
(1) Recover damages;
(2) Compel performance of the guardian´s duties;
(3) Enjoin the commission of a breach of fiduciary duty; or
(4) Compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b) When the ward´s assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.
(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

29-4-54.
All actions against a guardian, except on the guardian´s bond, shall be brought within six years of the termination of the guardianship of the ward, except as provided in Code Section 9-3-90.

29-4-85.
(a) For purposes of this part and Part 3 of this article, the term 'guardianship' refers to a legal relationship in which a person is given responsibility by a foreign court of competent jurisdiction for the care of an incapacitated adult, referred to as the 'ward,' thereby becoming a guardian.
(b) A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the county in this state where the ward resides or may reside.
(c) The petition shall include the following:
(1) An authenticated copy of the foreign guardianship order including:
(A) All attachments describing the duties and powers of the guardian; and
(B) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;
(2) The address of the foreign court which issued the guardianship order;
(3) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(4) The petitioner´s name, address, and county of domicile;
(5) The name, age, and address of the ward;
(6) The names and addresses of the following, if living:
(A) The spouse of the ward; and
(B) All children of the ward; or
(C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward;
(ii) Parents and siblings of the ward; and
(iii) Friends of the ward;
(7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other guardian currently serving;
(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel or guardian ad litem appointed by the foreign court for the ward;
(9) The name and address of the ward´s conservator, if any; and
(10) The reason the transfer is in the ward´s best interest.
(c) The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.

29-4-86.
(a) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the ward. The notice shall:
(1) State that the ward has a right to a hearing on the petition;
(2) Inform the ward of the procedure to exercise the ward´s right to a hearing; and
(3) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the transfer of the guardianship.
(b) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be provided to the foreign court from which the guardianship is to be transferred. Notice to the foreign court shall include a request that the foreign court:
(1) Certify whether:
(A) The foreign court has any record that the guardian has engaged in malfeasance, misfeasance or nonfeasance during the guardian´s appointment;
(B) Periodic reports have been filed in a satisfactory manner; and
(C) All bond or other security requirements imposed under the guardianship have been performed;
(2) Forward copies of all documents filed with the foreign court relating to the guardianship including but not limited to:
(A) The initial petition for guardianship and other filings relevant to the appointment of the guardian;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the guardianship;
(C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs;
(D) Periodic status reports on the condition of the ward; and
(E) The order to transfer the guardianship, if any.
(c) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the right to object to the petition for receipt and acceptance of the guardianship by this state.
(d) The ward shall have 30 days from the date of service to request a hearing on the petition for receipt and acceptance of a foreign guardianship. All other persons to whom notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition.
(e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The guardian has filed a petition in the foreign court for transfer and release of the guardianship to this state;
(2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release of the guardianship;
(3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the guardianship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the guardianship is filed in the court; and
(4) The ward is represented by legal counsel with respect to the petition in the foreign court.

29-4-87.
(a) On the court´s own motion or upon timely motion by the ward or by any interested person the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign guardian.
(b) If any interested person challenges the validity of the foreign guardianship or the authority of the foreign court to appoint the guardian, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

29-4-88.
(a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
(1) The guardian is presently in good standing with the foreign court; and
(2) The transfer of the guardianship from the foreign jurisdiction is in the best interest of the ward.
(b) In granting the petition, the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the ward´s incapacity.
(c) Subject to subsection (d) of this Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship.
(d) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to:
(1) Delay the effective date of the receipt and acceptance for a reasonable period of time;
(2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or
(4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship.
(e) The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-4-11.

29-4-90.
(a) A guardian may petition the Georgia court that has jurisdiction over the guardianship to transfer the guardianship to a foreign court of competent jurisdiction if the ward has moved permanently to the foreign jurisdiction.
(b) The ward may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The ward has resided in the foreign jurisdiction for more than 12 consecutive months;
(2) The guardian notifies the court that the ward will move or has moved permanently to the foreign jurisdiction; or
(3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for the ward in the foreign jurisdiction.
(c) To facilitate the transfer, the court may order the guardian to file a petition for receipt and acceptance of the guardianship in the foreign jurisdiction.
(d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.

29-4-91.
The petition to transfer a guardianship to a foreign jurisdiction shall include the following:
(1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship if previously filed in the foreign court;
(2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(3) The petitioner´s name, address, and county of domicile;
(4) The name, age, and current address of the ward and the new or proposed address of the ward;
(5) The names and addresses of the following, if living:
(A) The spouse of the ward; and
(B) All children of the ward; or
(C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward;
(ii) Parents and siblings of the ward; and
(iii) Friends of the ward;
(6) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other guardian currently serving;
(7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward;
(8) The name and address of the ward´s conservator, if any; and
(9) The reason for moving the ward and the reason the transfer of the guardianship is in the ward´s best interest.

29-4-92.
(a) Notice and a copy of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the ward not less than ten days prior to the date set for the hearing. The notice shall:
(1) State the date that the hearing shall be held; and
(2) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the receipt and acceptance of the guardianship.
(b) Notice and a copy of the petition to transfer the guardianship shall be provided to the foreign court to which the guardianship is to be transferred.
(c) Notice and a copy of the petition shall be mailed to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the guardianship by this state.

29-4-93.
Upon the court´s own motion or upon timely motion by the ward or by any interested person, the court shall hold a hearing to consider the petition to transfer the guardianship.

29-4-94.
(a) The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that:
(1) The guardian is presently in good standing with the court; and
(2) The transfer of the guardianship to the foreign jurisdiction is in the best interest of the ward.
(b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to:
(1) Notify the foreign court of any significant problems that may have occurred including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the guardianship have been performed; and
(2) Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A) The initial petition for guardianship and other filing relevant to the appointment of the guardian;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship;
(C) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself; and
(D) Periodic status reports on the condition of the ward.
(c) As necessary to coordinate the transfer of the guardianship, the court is authorized to:
(1) Delay the effective date of the transfer for a reasonable period of time;
(2) Make the transfer contingent upon the acceptance of the guardianship or appointment of the guardian in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are necessary to transfer the guardianship.

29-5-1.
(a) The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property.
(b) No conservator, except a conservator for the estate of an individual who is missing or who is believed to be dead, shall be appointed for any adult except pursuant to the procedures of this chapter.
(c) No conservator shall be appointed for an adult unless the appointment is in the best interest of the adult.
(d) No conservator shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a conservator for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
(e)(1) No adult shall be presumed to be in need of a conservator unless adjudicated to be in need of a conservator pursuant to this chapter.
(2) An adult shall not be presumed to be in need of a conservator solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A) Code Section 37-1-1;
(B) Code Sections 37-3-1 through 37-3-6;
(C) Articles 2 through 6 of Chapter 3 of Title 37;
(D) Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8;
(E) Articles 2 through 5 of Chapter 4 of Title 37;
(F) Code Section 37-5-3;
(G) Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and
(H) Articles 2 through 6 of Chapter 7 of Title 37.
(f) All conservatorships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult´s actual and adaptive limitations after a determination that less restrictive alternatives to the conservatorship are not available or appropriate.

29-5-2.
No person may be appointed or continue to serve as conservator of the estate of an adult who:
(1) Is a minor, a ward, or a protected person;
(2) Who has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the adult´s best interest; or
(3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.

29-5-3.
(a) The court shall appoint as conservator that individual who shall best serve the interest of the adult taking into consideration the order of preferences set forth in this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown.
(b) Persons who are eligible and not disqualified have preference in the following order:
(1) The person last nominated by the adult in accordance with the provisions of subsection (c) of this Code section;
(2) The spouse of the adult or a person nominated by the adult´s spouse in accordance with the provisions of subsection (d) of this Code section;
(3) An adult child of the adult or a person nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section;
(4) A parent of the adult or a person nominated by a parent of the adult in accordance with the provisions of subsection (c) of this Code section;
(5) A conservator appointed during the minority of the adult;
(6) A conservator previously appointed in Georgia or another state;
(7) A friend, relative, or any other person; or
(8) The county guardian.
(c) At any time prior to the appointment of a conservator, an adult may nominate in writing a person to serve as that adult´s conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference set forth in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5.
(d) At any time prior to the appointment of a conservator, a spouse, adult child, or parent of an adult may nominate in writing a person to serve as the adult´s conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20 of the Revised Probate Code of 1998.
(e) A writing nominating the conservator of an adult:
(1) Must contain an express nomination of the person who shall serve as conservator and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individual´s presence; and
(2) May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed.

29-5-4.
(a) Upon receiving an affidavit:
(1) That the total personal property of an incapacitated adult does not exceed $2,500.00 in value;
(2) That no conservator has been appointed for the incapacitated adult´s estate; and
(3) That the affiant is the spouse or that there is no spouse and the affiant is a relative having the responsibility of the support of the incapacitated adult,
any person or corporation indebted to or holding personal property of the incapacitated adult shall be authorized to pay the amount of the indebtedness or deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer or issuance had been made to the legally qualified conservator of the incapacitated adult and shall not be required to see to the application or disposition of the personal property.
(b) The person making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose of the personal property for the benefit of the incapacitated adult in the person´s judgment as may be just and proper.

29-5-10.
(a) Any interested person or persons, including the proposed ward, may file a petition for the appointment of a conservator. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found, provided that the court of the county where the proposed ward is found shall not have jurisdiction to hear any conservatorship petition if it appears that the proposed ward was removed to that county solely for the purposes of filing a petition for the appointment of a conservator.
(b) The petition for appointment of a conservator shall set forth:
(1) A statement of the facts upon which the court´s jurisdiction is based;
(2) The name, address, and county of domicile of the proposed ward, if known;
(3) The name, address, and county of domicile of the petitioner or petitioners and the petitioner´s relationship to the proposed ward, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that person´s relationship to the proposed ward, if any;
(4) A statement of the reasons the conservatorship is sought, including the facts which support the claim of the need for a conservator;
(5) Any foreseeable limitations on the conservatorship;
(6) Whether, to the petitioner´s knowledge, there exists any power of attorney, trust, or other instrument that deals with the management of the property of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument;
(7) A description of all known assets, income, other sources of funds, liabilities, and expenses of the proposed ward;
(8) The names and addresses of the following whose whereabouts are known:
(A) The spouse of the proposed ward; and
(B) All children of the proposed ward; or
(C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the proposed ward;
(ii) Parents and siblings of the proposed ward; and
(iii) Friends of the proposed ward;
(9) If known, the name and address of any person nominated to serve as conservator by the proposed ward, as described in paragraph (1) of subsection (b) of Code Section 29-5-3;
(10) If known, the name and address of any person nominated to serve as conservator by the proposed ward´s spouse, adult child, or parent, as described in paragraphs (2) through (4) of subsection (b) of Code Section 29-5-3;
(11) The name and address of any person nominated to serve as conservator by the petitioner;
(12) Whether any nominated conservator has consented or will consent to serve as conservator;
(13) If known, whether any nominated conservator is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the proposed ward is receiving care, and, if so, whether the nominated conservator is related to the proposed ward by blood, marriage, or adoption.
(14) Whether an emergency conservator has been appointed for the proposed ward or a petition for the appointment of an emergency conservator has been filed or is being filed;
(15) If known, a disclosure of any ownership or other financial interest that would cause any nominated conservator to have a conflict of interest with the proposed ward;
(16) A specific listing of any additional powers, as described in subsections (b) and (c) of Code Section 29-5-23, that are requested by the conservator and a statement of the circumstances which would justify the granting of additional powers;
(17) Whether a guardian or conservator has been appointed in another state or whether a petition for the appointment of a guardian or conservator is pending in another state;
(18) That to petitioner´s knowledge, there has been no petition for conservatorship denied or dismissed within two years by any court of this state or, if so, that there has been a significant change in the condition or circumstances of the individual, as shown by the accompanying affidavits or evaluation; and
(19) The reason for any omission in the petition for appointment of conservator in the event full particulars are lacking.
(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility.
(2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based upon the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the management of the proposed ward´s property.
(3) In addition to stating the facts that support the claim of the need for a conservator, the affidavit shall state the foreseeable duration of the conservatorship and may set forth the affiant´s opinion as to any other limitations on the conservatorship.

29-5-11.
(a) Upon the filing of a petition for conservatorship of the estate of a proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1.
(b) If the court determines that there is no probable cause to believe that the proposed ward is in need of a conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.
(c) If the court determines that there is probable cause to believe that the proposed ward is in need of a conservator:
(1) The court shall immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail;
(B) Inform the proposed ward that a petition has been filed to have a conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that if a conservator is appointed the proposed ward may lose important rights to control the management of the proposed ward´s property;
(C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (d) of this Code section; and
(D) Inform the proposed ward of the proposed ward´s right to independent legal counsel and that the court shall appoint counsel within two days of service unless the proposed ward indicates that he or she has retained counsel within that time frame;
(2) Upon notice that the proposed ward has retained legal counsel or upon the appointment of legal counsel by the court, the court shall furnish legal counsel with a copy of the petition, the affidavit, if any, and the order for evaluation provided for by subsection (d) of this Code section.
(3) The court shall give notice of the petition by first-class mail to all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (8) through (10) of subsection (b) of Code Section 29-5-10; and
(4) Upon the court´s own motion or upon the motion of any interested person, the court shall determine whether to appoint a guardian ad litem.
(d)(1) If the petition is not dismissed pursuant to subsection (b) of this Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that federal facility, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-5-10.
(2) When evaluating the proposed ward, the physician, psychologist, or licensed clinical social worker shall explain the purpose of the evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissable as evidence in any proceeding other than a proceeding under this chapter. The proposed ward´s legal counsel shall have the right to be present but shall not participate in the evaluation.
(3) The evaluation shall be conducted with as little interference with the proposed ward´s activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and to his or her legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility, office of a physician, psychologist, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, if possible;
(B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward;
(C) A review of the records for the proposed ward including, but not limited to, medical records, medication charts, and other available records;
(D) An assessment of cultural factors and language barriers that may impact the proposed ward´s abilities and living environment; and
(E) All other factors the evaluator determines to be appropriate to the evaluation.
(4) A written report shall be filed with the court no later than seven days after the evaluation and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed ward´s legal counsel and guardian ad litem, if appointed.
(5) The report shall be signed under oath by the physician, psychologist, or licensed clinical social worker and shall:
(A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements of the evaluation;
(B) List all persons and other sources of information consulted in evaluating the proposed ward;
(C) Describe the proposed ward´s mental and physical state and condition, including all observed facts considered by the physician, psychologist, or licensed clinical social worker;
(D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and
(E) Describe the needs of the proposed ward and their foreseeable duration.
(6) The proposed ward´s legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing on the petition for conservatorship. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law.

29-5-12.
(a) After the filing of the evaluation report the court shall review the pleadings and the evaluation report.
(b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1, the court shall dismiss the petition.
(c) If, after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a conservator, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed ward´s legal counsel, and the proposed ward´s guardian ad litem, if any; the petitioner or the petitioner´s legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (8) through (10) of subsection (b) of Code Section 29-5-10. The date of the hearing shall not be less than ten days after the date the notice is mailed.
(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at any other place as the court may set. At the request of the proposed ward or the proposed ward´s legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court´s action. The proposed ward or the proposed ward´s legal counsel may waive the appearance of the proposed ward at the hearing.
(2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-5-138.
(3) The court shall apply the rules of evidence applicable in civil cases.
(4) The court shall utilize the criteria in Code Section 29-5-1 to determine whether there is clear and convincing evidence of the need for a conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner.
(5) Upon determination of the need for a conservatorship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-5-21 and whether any additional powers shall be granted to the conservator pursuant to the provisions of subsections (b) and (c) of Code Section 29-5-23.
(6) If the court determines that a conservatorship is necessary and the proposed ward is present, the proposed ward may suggest any person as conservator. The court shall select as conservator the person who shall serve the best interest of the ward.
(7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for a hearing on the petition for conservatorship, the judge shall appoint an individual to serve to hear the case and exercise all the jurisdiction of the court in the case. Any individual so appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge´s successor in office. The compensation of an individual so appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county.

29-5-13.
(a) The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting conservatorship shall specify:
(1) The name of the conservator and the basis for the selection;
(2) Any powers retained by the ward pursuant to Code Section 29-5-21;
(3) The limitations on the conservatorship;
(4) A specific listing of any additional powers which are granted to the conservator as set forth in subsections (b) and (c) of Code Section 29-5-23;
(5) If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be furnished to the guardian to provide adequately for the ward´s support, care, education, health, and welfare, subject to modification by subsequent order of the court;
(6) If the ward has an interest in real property, the name of the county in which the real property is located; and
(7) Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the ward, stating the reasons therefor.
(b) Service of the court´s order shall be made by first-class mail upon the ward, the ward´s legal counsel, the guardian ad litem, if any, the conservator, the petitioner, and other persons designated for service of the petition for conservatorship.
(c) After service of an order granting a conservatorship, the ward´s legal counsel shall make reasonable efforts to explain to the ward the order of conservatorship and the ward´s rights under the order.
(d) In any case involving the appointment of a conservator, if the ward has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the ward owns real property, to be recorded in the deed records of the county and indexed under the name of the ward in the grantor index. The certificate shall set forth the name of the ward, the expiration date of the conservatorship, if limited by court order, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.
29-5-14.
(a) Any interested person, including the proposed ward, may file a petition for the appointment of an emergency conservator. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found.
(b) The petition for appointment of an emergency conservator shall set forth:
(1) A statement of the facts upon which the court´s jurisdiction is based;
(2) The name, address, and county of domicile of the proposed ward, if known;
(3) The name, address, and county of domicile of the petitioner and the petitioner´s relationship to the proposed ward;
(4) A statement of the reasons the emergency conservatorship is sought, including the facts which support the need for a conservator and the facts which establish an immediate and substantial risk of irreparable waste or dissipation of the proposed ward´s property unless an emergency conservator is appointed;
(5) The reasons why compliance with the procedures of Code Sections 29-5-10 through 29-5-13 is not appropriate in the circumstances;
(6) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; and
(7) The reason for any omission to the petition for appointment of emergency conservator in the event full particulars are lacking.
(c) The petition shall state whether a petition for the appointment of a conservator or guardian has been filed or is being filed in conjunction with the petition for the appointment of an emergency conservator; and, if no other petition has been filed or is being filed, shall include a summary description of all known assets, income, other sources of funds, liabilities, and expenses of the proposed ward.
(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility.
(2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the management of the proposed ward´s property and that there is an immediate and substantial risk of irreparable waste or dissipation of the proposed ward´s property unless an emergency conservator is appointed.
(3) In addition to stating the facts that support the need for an emergency conservator, the affidavit shall state the foreseeable duration of the emergency conservatorship and may set forth the affiant´s opinion as to any other limitations on the emergency conservatorship.

29-5-15.
(a) Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-149.
(b) If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.
(c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall:
(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment;
(2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition;
(3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10, to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within 72 hours, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-14;
(4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail;
(B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed ward´s property;
(C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection;
(D) Inform the proposed ward of the appointment of legal counsel; and
(E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and
(5) Appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed ward´s signature without the court´s prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. Appointment of an emergency conservator under this paragraph is not a final determination of the proposed ward´s need for a nonemergency conservator.

29-5-16.
(a) The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days.
(b) If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency conservatorship; provided, however, that:
(1) Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward;
(2) The court may order the emergency conservator to make any report the court requires; and
(3) The emergency conservatorship shall terminate on the earliest of:
(A) The court´s removal of the emergency conservator, with or without cause;
(B) The effective date of the appointment of a conservator;
(C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator;
(D) The date specified for the termination in the order appointing the emergency conservator; or
(E) Sixty days from the date of appointment of the emergency conservator.

29-5-20.
(a) In every conservatorship the ward has the right to:
(1) A qualified conservator who acts in the best interest of the ward;
(2) A conservator who is reasonably accessible to the ward;
(3) Have the ward´s property utilized as necessary to provide adequately for the ward´s support, care, education, health, and welfare;
(4) Communicate freely and privately with persons other than the conservator, except as otherwise ordered by a court of competent jurisdiction;
(5) Individually, or through the ward´s representative or legal counsel, bring an action relating to the conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72;
(6) The least restrictive form of conservatorship, taking into consideration the ward´s functional limitations, personal needs, and preferences; and
(7) Be restored to capacity at the earliest possible time.
(b) The appointment of a conservator is not a determination regarding the right of the ward to vote.
(c) The appointment of a conservator is not a determination that the ward lacks testamentary capacity.

29-5-21.
(a) Unless the court´s order specifies that one or more of the following powers are to be retained by the ward, the appointment of a conservator shall remove from the ward the power to:
(1) Make, modify, or terminate contracts, other than the power to contract marriage;
(2) To buy, sell, or otherwise dispose of or encumber property;
(3) Enter into or conduct other business or commercial transactions;
(4) Revoke a revocable trust established by the ward; and
(5) Bring or defend any action at law or equity, except an action relating to the conservatorship.
(b) The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the ward´s agent under a durable power of attorney for health care.

29-5-22.
(a) Except as otherwise provided by law or by the court, a conservator shall receive, collect, and make decisions regarding the ward´s property. A conservator shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward´s own behalf, and develop or regain the ability to manage the ward´s property. A conservator, in making decisions, shall consider the expressed desires and personal values of the ward which are known to the conservator. A conservator shall at all times act as a fiduciary in the ward´s best interest and exercise reasonable care, diligence, and prudence.
(b) A conservator shall:
(1) Respect the rights and dignity of the ward;
(2) Be reasonably accessible to the ward and maintain regular communication with the ward;
(3) If necessary, petition to have a guardian appointed;
(4) Endeavor to cooperate with the guardian, if any;
(5) Provide for the support, care, education, health, and welfare of the ward and persons who are entitled to be supported by the ward, to the extent consistent with the current and future needs and resources of the ward;
(6) Give such bond as required by Code Section 29-5-40;
(7) Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the ward´s property and a plan for administering the property, pursuant to the provisions of Code Section 29-5-30.
(8) Take into account any estate plan of the ward known to the conservator in the administration of the conservatorship;
(9) Keep accurate records, including adequate supporting data, and file annual returns, as required by Code Section 29-5-60;
(10) Promptly notify the court of any change in the ward´s condition that in the opinion of the conservator might require modification or termination of the conservatorship;
(11) Promptly notify the court of any conflict of interest between the ward and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section 29-5-24; and
(12) Keep the court informed of the conservator´s current address.
(c) A conservator, solely by reason of the conservator-ward relationship, is not personally liable for:
(1) The ward´s expenses or the expenses of those entitled to be supported by the ward;
(2) Contracts entered into in the conservator´s fiduciary capacity;
(3) The acts or omissions of the ward;
(4) Obligations arising from ownership or control of property of the ward; or
(5) Other acts or omissions occurring in the course of the conservatorship.

29-5-23.
(a) Unless inconsistent with the terms of any court order relating to the conservatorship, a conservator without court order may:
(1) 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 29-5-30 for the support, care, education, health, and welfare of the ward and those persons who are entitled to be supported by the ward;
(2) Enter into contracts for labor or service upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts, when combined with other anticipated disbursements, does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30;
(3) Borrow money for one year or less and bind the ward or the ward´s property, but only if the amount of the annual payments, when combined with other anticipated disbursements, does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 and only if done for purposes of paying the ward´s debts, repairing the ward´s dwelling place, or providing for the support, care, education, health, or welfare of the ward and the persons who are entitled to be supported by the ward;
(4) Receive, collect, and hold the ward´s property, additions to the ward´s property, and all related records;
(5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-5-31;
(6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalf of the ward;
(7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the ward;
(8) Revoke a revocable trust set up by the ward or exercise such other powers of revocation, amendment, or withdrawal that are exercisable by the ward, but only if the governing instrument expressly allows a conservator to revoke the trust or exercise the powers;
(9) Examine the will and any other estate planning documents of the ward;
(10) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservator´s sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator;
(11) Invest the ward´s property pursuant to the provisions of Code Sections 29-5-32 and 29-5-33;
(12) Sell the ward´s stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-5-35;
(13) Compromise any contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3 is in the amount of $15,000.00 or less; and
(14) Release the debtor and compromise all debts in the amount of $15,000.00 or less when the collection of the debt is doubtful.
(b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power:
(A) To invest the ward´s property in investments other than those authorized in Code Section 29-5-32, pursuant to the provisions of Code Section 29-5-34, without further court approval of any investment;
(B) To sell, rent, lease, exchange, or otherwise dispose of any or all of the ward´s real or personal property without complying with the provisions of Code Section 29-5-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-5-35; or
(C) To continue the operation of any farm or business in which the ward has an interest.
(2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order a hearing as the court deems appropriate. Notice shall be given by personal service to the ward and a guardian ad litem appointed for the ward. Notice shall be given by first-class mail to the guardian of the ward, if any; the surety on the conservator´s bond; and to the following relatives of the ward whose whereabouts are known:
(A) The spouse of the ward; and
(B) All adult children of the ward; or
(C) If there is no adult child, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward;
(ii) Parents and siblings of the ward; and
(iii) Friends of the ward.
(c) At the time of the appointment of the conservator or at any time thereafter, and after appointment of a guardian ad litem for the ward and a hearing as the court deems appropriate, any of the following powers may be specifically granted to the conservator on a case-by-case basis, upon notice as the court shall determine:
(1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 for the support, care, education, health, and welfare of the ward and those persons who are entitled to be supported by the ward;
(2) To enter into contracts for labor or service for which the compensation payable under such contracts, when combined with other disbursements from the estate, exceeds the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30;
(3) To make specific investments of the ward´s property that do not comply with the provisions of Code Section 29-5-32, pursuant to the provisions of Code Section 29-5-34;
(4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the ward´s real or personal property without complying with the provisions of Code Section 29-5-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-5-35;
(5) To compromise a contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3, is more than $15,000.00;
(6) To release the debtor and compromise all debts for which the collection is doubtful when the amount of the debt is $15,000.00 or more;
(7) To use the ward´s property to erect a dwelling for the ward or make an addition or renovation to the ward´s dwelling place;
(8) To establish or add property to a trust for the benefit of the ward and, if applicable, those individuals who are entitled to support from the ward; provided, however, unless otherwise provided by court order pursuant to Code Section 29-5-36, the trust must provide that the ward may revoke the trust if the ward is restored to capacity and the trust shall terminate upon the ward´s death and any property remaining in the trust shall be paid to the ward´s estate;
(9) To disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998;
(10) To engage in estate planning for the ward pursuant to the provisions of Code Section 29-5-36; and
(11) To perform such other acts as may be in the best interest of the ward.
(d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, if there is no guardian, of others who have custody of the ward.
(e) In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody of the ward.

29-5-24.
(a) The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property.
(b) The conservator must disclose promptly any conflict of interest between the conservator and the ward when it arises or becomes known to the conservator. The conservator must seek the court´s determination as to whether the conflict is insubstantial or whether it is in the best interest of the ward for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the ward, the conservator may either resign or forfeit the property interest that is the source of the conflict.
(c) A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse, descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.

29-5-25.
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 before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

29-5-30.
(a) Within two months of appointment, the conservator shall file with the court and provide to the ward´s guardian, if any, an inventory of the ward´s property and a plan for managing, expending, and distributing the property.
(b) The inventory shall describe all the assets and liabilities of the ward and shall include a list of all the personal and real property owned by the ward and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the ward known to the conservator.
(c) The plan for managing, expending, and distributing the ward´s property must be based on the actual needs of the ward and take into consideration the best interest of the ward. The conservator shall include in the plan an estimate of the duration of the conservatorship, projections for expenses and resources, and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.

29-5-31.
(a) 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. In the case of corporate securities, the conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities.
(b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary´s own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary´s own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing, and whether or not any of the corporations own assets identical or similar to the assets of or carry on business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary.

29-5-32.
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:
(1) 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;
(2) Bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36;
(3) Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia;
(4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds of which are guaranteed by the United States government;
(5) Interest-bearing deposits in any financial institution located in this state, to the extent the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or comparable insurance;
(6) Bonds or other obligations issued by a housing authority pursuant to Article 1 of Chapter 3 of Title 8 or issued by any public housing authority or agency of the United States when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof, as authorized by Code Section 8-3-81;
(7) Bonds or other obligations issued by a housing authority in connection with a redevelopment program pursuant to Chapter 4 of Title 8, as authorized by Code Section 8-4-11;
(8) Bonds issued by the Georgia Education Authority, pursuant to Part 3 of Article 11 of Chapter 2 of Title 20, as authorized by Code Section 20-2-570;
(9) Bonds issued by the Georgia Building Authority (Hospital), pursuant to Article 2 of Chapter 7 of Title 31, as authorized by Code Section 31-7-27;
(10) Bonds issued by the Georgia Highway Authority, pursuant to Code Section 32-10-30, as authorized by Code Section 32-10-45;
(11) Bonds or other obligations issued by a municipality or county pursuant to Chapter 61 of Title 36 or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Code Section 36-61-17, provided that such bonds or other obligations are secured by an agreement between the issuer and the federal government in accordance with Code Section 36-61-13, as authorized by Code Section 36-61-13;
(12) Bonds issued by the Georgia Building Authority (Penal), pursuant to Chapter 3 of Title 42, as authorized by Code Section 42-3-21;
(13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286;
(14) Real property loans, as authorized by Code Section 53-12-284:
(A) Which are not in default;
(B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property;
(C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and
(D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and
(15) Any other investments which are designated under the laws of this state as lawful or legal investments for guardians or conservators.

29-5-33.
(a) 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 29-5-32, the conservator may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq., so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;
(2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and
(3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.
(b) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-5-34.
(a) After receiving court approval as required in subsections (b) and (c) of Code Section 29-5-23, in making investments and in acquiring and retaining those investments and managing property of the ward, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator may consider the general economic conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of the ward and those entitled to support from the ward.
(b) Within the limitations of the standard provided in subsection (a) of this Code section and with prior approval by the court in accordance with Code Section 29-5-23, a conservator is authorized to acquire and retain every kind of property, including real, personal, or mixed and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes of the portfolio, the general economy, and the needs of the ward and those entitled to support from the ward as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the ward´s portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.
(c) A conservator that is a financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-5-35.
(a) A conservator may sell perishable property of the ward, property of the ward that is liable to deteriorate from keeping, or property of the ward that is expensive to keep, as early as practicable and in such manner as the court shall determine is in the best interest of the ward, after such notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances.
(b) A conservator may sell stocks or bonds of the ward that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members.
(c) Except as otherwise provided in subsections (a) and (b) of this Code section, a conservator may petition the court to sell, rent, lease, exchange, or otherwise dispose of property of the ward, whether real or personal or mixed. The petition shall set forth the property involved and the interests therein, the specific purpose of the transaction, the proposed price, the anticipated net proceeds of the sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest of the ward.
(d) Upon the filing of the petition, the court shall appoint a guardian ad litem for the ward. The petition and notice shall be served personally on the ward and the guardian ad litem.
(e) If no written objection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order such sale summarily in the manner and terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the ward, which may require the sale to be private or at public auction, including confirmation of the sale by the court or otherwise.
(f) A conservator shall make a full return to the court within 30 days of every sale, specifying the property sold, the purchasers, and the amounts received, together with the terms of the sale.
(g) The recital in the conservator´s deed of a compliance with legal provisions shall be prima-facie evidence of the facts recited.
(h) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale as a condition of the sale.
(i) An emergency or temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the conservatorship is terminated.

29-5-36.
(a) After notice to interested parties and other persons as the court may direct, and upon a showing that the ward will probably remain in need of a conservator throughout the ward´s lifetime and that it is in the best interest of the ward, the court may order the conservator to apply such principal or income of the ward as is not required for the support, care, education, health, and welfare of the ward and such individuals who are entitled to support from the ward toward the establishment or continuation of an estate plan for the ward and make transfers of the ward´s personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the ward´s circumstances would make such transfers and there is no evidence that the ward, if not in need of a conservator, would not adopt such an estate plan.
(b) Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the ward and shall consider:
(1) The composition and value of the entire estate of the ward, other known sources of support available to the ward and individuals who are entitled to be supported by the ward, and the income produced thereby;
(2) The probable expenses for the support, care, education, health, or welfare of the ward and such individuals who are entitled to be supported by the ward for the remainder of the ward´s lifetime in the standard of living to which the ward and the other individuals have become accustomed;
(3) The identity of the proposed transferees and, in particular, whether they are natural objects of the ward´s bounty by relationship or prior behavior of the ward;
(4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party;
(5) Any previous history or predisposition toward making similar transfers by the ward.

29-5-40.
(a) A conservator appointed by the court shall give bond with good and sufficient security.
(b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statements signed by the Comptroller of the Currency of the United States or the commissioner of banking and finance.
(c) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.

29-5-41.
(a) The bond of a conservator shall be:
(1) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state;
(2) Payable to the court for the benefit of the ward;
(3) Conditioned upon the faithful discharge of the conservator´s duty, as such is required by law; and
(4) Attested by the judge or clerk of the court.
(b) The court may order a conservator who is required to give bond to post bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds.
(c) The bond shall be in a value equal to double the estimated value of the ward´s estate; provided, however, that the bond shall be in an amount equal to the estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon but upon conversion of the real property into personal property, a bond shall be given based upon the value of the estate including the value of the personal property into which the real property was converted.
(d) Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciary´s duty as such has been proved.

29-5-42.
If the value of the ward´s bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.

29-5-43.
(a) Whenever it comes to the knowledge of the court, either by annual returns or otherwise that:
(1) Additional personal property has accrued to the ward by descent, gift, or otherwise;
(2) For any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-5-40; or
(3) The bond or security is otherwise insufficient in the judgment of the court,
the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator´s bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-92.
(b) When it comes to the knowledge of the court that the surety on the conservator´s bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear and give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator´s bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-102.

29-5-44.
(a) A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate.
(b) When the guardian is required to give bond pursuant to Code Section 29-4-30, the conservator shall pay any bond premium from the estate.

29-5-45.
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.

29-5-46.
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 a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator´s representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person´s representative capacity.

29-5-47.
(a) 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.
(b) The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment of the judgment by the surety.

29-5-48.
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.

29-5-49.
(a) 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 of a surety shall be a sufficient ground for the discharge of the surety from future liability.
(b) Upon a petition by the surety or the surety´s personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and require the conservator to give new and sufficient security or be removed.
(c) If new security is given, the discharged surety shall be discharged only from liability for future misconduct of the conservator from the time the new security is given. The new surety shall be liable for past as well as future misconduct of the conservator.
(d) If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the ward if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up until the time of the settlement with the new conservator or the ward.

29-5-50.
(a) Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:
(1) 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 paid out by the conservator;
(2) An additional commission equal to one-half of 1 percent computed on the market value of the estate as of the last day of the reporting period. This commission shall be proportionately reduced for any reporting period of less than 12 months;
(3) Ten percent commission on the amount of interest earned if it is earned during the course of the conservatorship. The conservator shall receive interest on money loaned by the conservator in that capacity and shall include the interest on the money loaned on the return to the court so as to become chargeable with the interest as a part of the corpus of the estate;
(4) Reasonable compensation, as determined in the discretion of the court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the court, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the court and irrespective of whether the property, except money, is tangible or intangible or personal or real; and
(5) In the discretion of the court, compensation for working land for the benefit of the parties in interest, but not to exceed 10 percent of the annual income of the managed property.
(b) Whenever any portion of the dividends, interest, or rents payable to a conservator is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount withheld shall be deemed to have been collected by the conservator.
(c) Where some or all of the estate passes through the hands of several conservators by reason of the death, removal, or resignation of the first qualified conservator or otherwise, the estate shall not be subject to diminution by charges of commission of each successive conservator holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first conservator who receives the property for the benefit of the estate or that person´s representative, and commissions for paying out shall be paid to the conservator who actually distributes the fund. No commissions shall be paid for handing over the fund to a successor conservator. If there is more than one conservator serving simultaneously, the division of the compensation allowed each conservator shall be according to the services rendered by each conservator.
(d) A conservator shall not be entitled to a commission for any sums paid to any conservator of the estate as commissions or other compensation.
(e) Conservators who fail to make annual returns as required by law shall forfeit all commission for transactions during the year within which no return is made unless the court, upon cause shown, shall by special order entered on the record, relieve the conservator from the forfeiture.
(f) A conservator may renounce his or her right to all or any part of the compensation to which the conservator is entitled under this Code section.

29-5-51.
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 the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.

29-5-52.
(a) A conservator may petition the court for compensation that is greater than the commissions allowed under Code Section 29-5-50. Service of notice of the petition for extra compensation shall be made to the ward and to a guardian ad litem appointed for the ward. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any written objections to the petition for extra compensation with the court within ten days from the date of service.
(b) After hearing any objection filed by or on behalf of the ward, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.

29-5-53.
(a) Any conservator who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the ward owns an interest in the corporation or other business enterprise, provided that:
(1) The services furnished by the conservator to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;
(2) The compensation received for the services is reasonable; and
(3) The services are performed and the conservator is paid pursuant to a contract executed by the conservator and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the conservator and who are not related to the conservator and provided the contract is approved by the court of the county which has jurisdiction over the conservatorship.
(b) Any conservator receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 29-5-52; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate.
(c) Nothing in this Code section shall prohibit the receipt by a conservator of normal commissions and compensation for the usual services performed by a conservator pursuant to law.
(d) The purpose of this Code section is to enable additional compensation to be paid to a conservator for business management and advisory services to corporations and business enterprises pursuant to a contract without the necessity of petitioning for extra compensation pursuant to Code Section 29-5-52.

29-5-54.
An emergency conservator or temporary substitute conservator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 9 of this title. The court shall award reasonable compensation to an emergency conservator or temporary substitute conservator and such compensation shall be the only compensation or commission paid to the emergency conservator or temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to an emergency conservator or temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions of this article.

29-5-70.
(a) Upon the petition of any interested person, including the ward, or upon the court´s own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward´s legal counsel, if any, and the ward´s guardian, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.
(b) No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.

29-5-71.
(a) Upon the petition of any interested person, including the ward, or upon the court´s own motion, the court may modify the conservatorship by adjusting the duties or powers of the conservator, as defined in Code Sections 29-5-14 and 29-5-15, or the powers of the ward, as defined in Code Section 29-5-13, or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the conservatorship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward´s legal counsel, if any, and the ward´s guardian, if any. In any proceeding under this Code section that would expand or increase the powers of the conservator or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.
(b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate.
(c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modify the conservatorship upon a showing that the modification is in the ward´s best interest; provided, however, that the court may order compliance with any of the provisions of subsection (b) of this Code section prior to granting the petition for modification.
(d) In any proceeding under this Code section that would expand or increase the powers of the conservator or further restrict the powers of the ward, the burden is on the petitioner to show by clear and convincing evidence that the modification is in the ward´s best interest. In any proceeding under this Code section that would restrict the powers of the conservator or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the ward´s best interest.
(e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification unless the petitioner shows a significant change in the condition or circumstances of the ward.

29-5-72.
( a) Upon the petition of any interested person, including the ward, or upon the court´s own motion, and upon a proper showing that the need for a conservatorship has ended, the court may terminate the conservatorship and restore all personal and property rights to the ward. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward´s legal counsel, and the ward´s guardian, if any. The court shall appoint legal counsel for the ward and may, in its discretion, appoint a guardian ad litem.
(b) A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed the court shall order that an evaluation be conducted in accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed the court shall schedule a hearing with such notice as the court deems appropriate.
(c) In any proceeding under this Code section the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the conservatorship.
(d) No petition for termination of a conservatorship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the conservatorship unless the petitioner shows a significant change in the condition or circumstances of the ward.
(e) The death of the ward automatically terminates the conservatorship except for purposes of the final settlement of the petition for letters of discharge, as provided in Code Section 29-5-81.
(f) Upon termination of the conservatorship, the conservator shall deliver any money or property to the former ward or, if the ward is deceased, to the ward´s personal representative.

29-5-90.
(a) 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:
(1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause;
(2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator;
(3) Disagreement exists between the ward and the conservator or between the guardian and the conservator in respect of the conservator´s management of the ward´s property, which disagreement and conflict appear to be detrimental to the ward;
(4) The resignation of the conservator will result in or permit substantial financial benefit to the ward; or
(5) The resignation would not be disadvantageous to the ward.
(b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.
(c) The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward´s legal counsel. Service shall be made by first-class mail to the guardian of the ward, if any, the surety on the conservator´s bond, and to the following persons whose whereabouts are known and who must be persons other than the resigning conservator or the proposed successor conservator:
(1) The spouse of the ward; and
(2) All adult children of the ward; or
(3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward;
(B) Parents and siblings of the ward; and
(C) Friends of the ward.
(d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-5-101 and shall accept the resignation, subject to the resigning conservator turning over to the successor conservator all property held by the conservator.

29-5-91.
(a) 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 appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward´s legal counsel. Notice shall be given by first-class mail to the guardian of the ward, if any, the surety on the conservator´s bond, the personal representative of the deceased conservator, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:
(1) The spouse of the ward; and
(2) All adult children of the ward; or
(3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward;
(B) Parents and siblings of the ward; and
(C) Friends of the ward.
(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-5-101 and requiring the personal representative of the deceased conservator to turn over to the successor conservator all property of the ward held by the conservator.

29-5-92.
(a) 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 deems appropriate. The court may appoint a temporary substitute conservator to take possession of and administer the ward´s property during the investigation.
(b) Upon investigation, the court may, in its discretion:
(1) Revoke or suspend the letters of conservatorship;
(2) Require additional security;
(3) Require the conservator to appear and submit to a settlement of accounts following the procedure set forth in Code Section 29-5-81, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;
(4) Reduce or deny compensation to the conservator or impose any other sanction or sanctions as the court deems appropriate; and
(5) Issue such other orders as in the court´s judgment are appropriate under the circumstances of the case.
(c) The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.

29-5-93.
(a) If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate:
(1) To recover damages;
(2) To compel performance of the conservator´s duties;
(3) To enjoin the commission of a breach of fiduciary duty; or
(4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise.
(b) When the ward´s assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.
(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

29-5-94.
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 ward, except as provided in Code Section 9-3-90.

29-5-125.
(a) For purposes of this part and Part 3 of this article, the term 'conservatorship' refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of an incapacitated adult who shall be referred to with the term ward, and the individual thereby becomes a conservator.
(b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the ward resides or may reside.
(c) The petition shall include the following:
(1) An authenticated copy of the foreign conservatorship order, including:
(A) All attachments describing the duties and powers of the conservator; and
(B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;
(2) The address of the foreign court which issued the conservatorship order;
(3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(4) The petitioner´s name, address, and county of domicile;
(5) The name, age, and address of the ward;
(6) The names and addresses of the following, if living:
(A) The spouse of the ward; and
(B) All children of the ward; or
(C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward;
(ii) Parents and siblings of the ward; and
(iii) Friends of the ward;
(7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other conservator currently serving;
(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward;
(9) The name and address of the ward´s guardian, if any;
(10) The name and address of the surety on the conservator´s bond;
(11) The reason the transfer is in the ward´s best interest; and
(12) To the extent known to the petitioner, a statement of the location and estimated value of the ward´s property and the source and amount of any anticipated income or receipts.
(c) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.

29-5-126.
(a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the ward. The notice shall:
(1) State that the ward has a right to a hearing on the petition;
(2) Inform the ward of the procedure to exercise the ward´s right to a hearing; and
(3) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the transfer of the conservatorship.
(b) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be provided to the court from which the conservatorship is to be transferred. Notice to the foreign court shall include a request that the foreign court to:
(1) Certify whether:
(A) The foreign court has any record that the conservator has engaged in malfeasance, misfeasance, or nonfeasance during the conservator´s appointment;
(B) Periodic reports have been filed in a satisfactory manner; and
(C) All bond or other security requirements imposed under the conservatorship have been performed; and
(2) Forward copies of all documents filed with the foreign court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the conservatorship;
(C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs;
(D) Periodic status reports on the condition of the ward and the ward´s assets; and
(E) The order to transfer the conservatorship, if any.
(c) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the right to object to the receipt and acceptance of the conservatorship by this state.
(d) The ward shall have 30 days from the date of service of the petition for receipt and acceptance of a foreign conservatorship to request a hearing on the petition. All other persons to whom notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition.
(e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The conservator has filed a petition in the foreign court for transfer and release of the conservatorship to this state;
(2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release of the conservatorship;
(3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the conservatorship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the conservatorship is filed in the court; and
(4) The ward is represented by legal counsel with respect to the petition in the foreign court.

29-5-127.
(a) Upon the court´s own motion or upon timely motion by the ward or by any interested person the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign conservator.
(b) If any interested person challenges the validity of the foreign conservator or the authority of the foreign court to appoint the conservator, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

29-5-128.
(a) The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:
(1) The conservator is presently in good standing with the foreign court; and
(2) The transfer of the conservatorship from the foreign jurisdiction is in the best interest of the ward.
(b) In granting the petition, the court shall give full faith and credit to the provisions of the foreign conservatorship order concerning the determination of the ward´s incapacity.
(c) The court may require the conservator to file an inventory of the ward´s property at the time of the transfer from the foreign jurisdiction.
(d) Subject to subsection (e) of this Code section, at all times following the entry of the order accepting the guardianship, the laws of the state of Georgia shall apply to the conservatorship.
(e) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1) Delay the effective date of the receipt and acceptance for a reasonable period of time;
(2) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or
(4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the conservatorship.
(f) The denial of a petition for receipt and acceptance of the conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section 29-5-10.

29-5-130.
(a) 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 ward has moved permanently to the foreign jurisdiction.
(b) The ward may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The ward has resided in the foreign jurisdiction for more than 12 consecutive months;
(2) The conservator notifies the court that the ward will move or has moved permanently to the foreign jurisdiction; or
(3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the ward in the foreign jurisdiction.
(c) To facilitate the transfer of the conservatorship the court may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction.
(d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.

29-5-131.
The petition to transfer a conservatorship to a foreign jurisdiction shall include the following:
(1) 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;
(2) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
(3) The petitioner´s name, address, and county of domicile;
(4) The name, age, and current address of the ward and the new or proposed address of the ward;
(5) The names and addresses of the following, if living:
(A) The spouse of the ward; and
(B) All children of the ward; or
(C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward;
(ii) Parents and siblings of the ward; and
(iii) Friends of the ward;
(6) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other conservator currently serving;
(7) The name and address of the ward´s guardian, if any;
(8) The name and address of the surety on the conservator´s bond;
(9) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward;
(10) The reason for moving the ward; and
(11) The reason the transfer of the conservatorship is in the ward´s best interest.

29-5-132.
(a) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the ward not less than ten days prior to the date set for the hearing. The notice shall state:
(1) The date that the hearing shall be held; and
(2) That the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the receipt and acceptance of the guardianship.
(b) Notice and a copy of the petition to transfer the conservatorship shall be provided to the foreign court to which the conservatorship is to be transferred.
(c) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the conservatorship by this state.

29-5-133.
Upon the timely filed motion by the court, the ward, or any interested person, the court shall hold a hearing to consider the petition to transfer the conservatorship.

29-5-134.
(a) The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:
(1) The conservator is presently in good standing with the court; and
(2) The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the ward.
(b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed;
(2) Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator;
(B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship;
(C) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself or to manage the ward´s affairs; and
(D) Periodic status reports on the condition of the ward and the ward´s assets; and
(3) Require the conservator to file an inventory of the ward´s property at the time of the transfer to the foreign jurisdiction.
(c) As necessary to coordinate the transfer of the conservatorship, the court is authorized to:
(1) Delay the effective date of the transfer for a reasonable period of time;
(2) Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction;
(3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.

29-7-1.
As used in this chapter, the term:
(1) 'Benefits' means all moneys paid or payable by the United States through the United States Department of Veterans Affairs.
(2) 'Department' means the United States Department of Veterans Affairs, its predecessors, or its successors.
(3) 'Estate' means income on hand and assets acquired partially or wholly with income.
(4) 'Income' means moneys received from the United States Department of Veterans Affairs and revenue or profit from any property wholly or partially acquired therewith.
(5) 'Person' means an individual, a partnership, a corporation, or an association.
(6) 'Secretary' means the secretary of veterans affairs of the United States Department of Veterans Affairs or the secretary´s successor.
(7) 'VA guardian' means a person appointed pursuant to the provisions of this chapter.
(8) 'Ward' means a beneficiary of the United States Department of Veterans Affairs.

29-7-2.
(a) 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 a VA guardianship pursuant to this chapter shall be given by certified mail or statutory overnight delivery to the office of the department having jurisdiction over the area in which the ward resides. The notice shall include a copy of the petition or other pleadings and shall be given so as to arrive in due course of mailing not less than 15 days before the date of a hearing or other proceedings, unless otherwise provided in this chapter.
(b) In any proceeding involving a guardianship or conservatorship established pursuant to any other chapter of this title, the office of the department having jurisdiction over the area in which the ward resides may, by giving written notice to the court having jurisdiction over such proceedings and to the guardian or conservator or proposed guardian or conservator, become a party in interest as to the guardianship or conservatorship or proposed guardianship or conservatorship and shall thereafter be entitled to notice as if a guardianship or conservatorship was originally established under this chapter.
(c) The court shall mail to the department office a copy of each order entered in any VA guardianship or other guardianship or conservatorship proceeding wherein the secretary is an interested party.

29-7-3.
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.

29-7-4.
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 of a VA guardian is a condition precedent to the payment of any moneys due such ward by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian. The courts are authorized to appoint a VA guardian for an incompetent ward entitled to any benefits which may be payable to a ward by the department.

29-7-5.
Where a petition is filed for the appointment of a VA guardian for a minor, a certificate of the secretary or the secretary´s authorized representative setting forth the age of the minor as shown by the records of the department and the fact that the appointment of a VA guardian is a condition precedent to the payment of any moneys due the minor by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian.

29-7-6.
Upon a petition for the appointment of a VA guardian, notice shall be given to the department office having jurisdiction over the area in which the ward resides, to the proposed ward, and to two adult relatives of the proposed ward by certified mail or statutory overnight delivery by the court. If two adult relatives of the proposed ward cannot be located, notice to one adult relative shall be sufficient. If no adult relative can be located, the court shall give notice of the petition in the newspaper in which legal advertisements of the county in which the ward resides are published once a week for two weeks. After notice has been given or published, the letters of guardianship may, in the discretion of the court, be granted to the petitioner or to some other suitable person. If all parties entitled to notice waive further notice and consent to the notice instanter, the court may, in its discretion, grant letters of guardianship instanter to the petitioner.

29-7-7.
(a) A petition for the appointment of a VA guardian may be filed in the court having jurisdiction by or on behalf of the department or any person designated by the secretary or the secretary´s representative.
(b) The petition shall set forth:
(1) The name, age, and place of residence of the ward;
(2) The names and places of residence of the nearest two adult relatives, if known;
(3) The fact that the ward is entitled to receive moneys payable by or through the department;
(4) The amount of money then due and the amount of probable future payments;
(5) The name and address of the person or institution, if any, having actual custody of the ward;
(6) In the case of a mentally incompetent ward, that the ward has been rated incompetent on examination by the department in accordance with the laws and regulations governing the department; and
(7) The name and address of the person or institution sought to be appointed as VA guardian of the ward and the relationship, if any, of the proposed VA guardian to the ward.
(c) Preferences for appointment of a VA guardian shall be as provided in Code Section 29-5-3.

29-7-8.
Before making an appointment under this chapter, the court hearing the petition shall be satisfied that the VA guardian whose appointment is sought is a fit and proper person to be appointed. The nomination of a person by the department shall be prima-facie evidence of the person´s fitness. A qualified individual shall ordinarily be preferred for appointment as VA guardian, but the court may, in the court´s discretion, appoint any qualified person as VA guardian.

29-7-9.
(a) The following persons and entities may serve as VA guardians subject to the restrictions listed:
(1) An individual deemed fit and proper by the court may be a VA guardian of that individual´s children, parents, and grandparents without limitation;
(2) A bank or trust company doing business in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries;
(3) A person appointed while serving as county guardian in any county in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; or
(4) Any other person, provided that any person who is currently serving as the VA guardian for ten or more wards must so state in that person´s petition to be appointed as the VA guardian for additional wards, and provided, further, the department shall have the right to direct the court in writing to deny the petition.
(b) Upon presentation of a petition by the department alleging that the VA guardian is acting in a fiduciary capacity in violation of this Code section and requesting the discharge of that VA guardian, the court upon proof substantiating the petition shall:
(1) Require a final accounting immediately from a sufficient number of VA guardianships, in reverse chronological order, to bring the VA guardian within compliance of this Code section;
(2) Require final settlements of accounts immediately on the VA guardianships described in paragraph (1) of this subsection; and
(3) Discharge the VA guardian in cases as the court deems proper.

29-7-10.
(a) A bank or trust company doing business in this state shall not be required to file a bond for any VA guardianship unless required by the department.
(b) Any other person serving as a VA guardian shall execute and file a bond, to be approved by the court, in an amount not less than the sum of the value of the estate, other than real property, at the time of the last accounting and funds estimated to become payable during the ensuing year, which bond shall be a security bond made by a solvent and acceptable surety company in the form required for bonds of guardians or conservators appointed under the general guardianship or conservatorship laws and shall be conditioned as are such bonds. After each annual accounting, the court shall review the amount of the bond and shall order such increase or decrease as shall be warranted by the accounting. No reduction in the bond amount shall affect the liability of the surety for past waste or misconduct of the VA guardian.
(c) A surety on a bond posted pursuant to this Code section shall not be relieved from liability merely because of the expiration of the term of the bond but shall be subject to provisions of law for discharge of a surety applicable to other bonds.

29-7-11.
Every VA guardian shall invest the surplus funds of the ward´s estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States or in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest surplus funds shall be furnished the proper area office of the department, and notice of hearing on the petition shall be given said office in the case of a VA guardian´s account.

29-7-12.
(a) A VA guardian shall not apply any portion of the estate of the ward for the support, maintenance, or education of any person other than the ward, the ward´s spouse, and the children of the ward who are legally dependent on the ward, except upon order of the court after a hearing, notice of which has been given by certified mail or statutory overnight delivery to the department not less than 30 days prior to a hearing on the petition, unless the department consents in writing to the petition, in which case no hearing need be had.
(b) No VA guardian shall name himself or herself as beneficiary of any insurance policy which insures the life of the ward. As to any insurance policy that is purchased after establishment of the VA guardianship where premiums are or have been paid from benefits, the VA guardian shall ensure that the beneficiary named is the estate of the ward.
(c) All property of a ward having a VA guardian which is purchased with benefits shall be titled in the name of the current VA guardian or any successor VA guardian for (name of ward), a beneficiary of the department, further indicating the fact of VA guardianship and the name of the beneficiary on any documents of title. Any such assets which should be prudently insured shall be insured with a policy of insurance denominated in the same manner.

29-7-13.
Every VA guardian shall file with the court annually, in the same manner as provided under the general law for conservators, a full, true, and accurate accounting, on oath, of all moneys received by the VA guardian and disbursements of all moneys, showing the balance in the VA guardian´s hands at the date of the accounting and how it is invested. The VA guardian shall list in each accounting all the investments of the ward´s funds, showing the amount of each investment, the date made, the interest rate, the date of maturity, the dates and amounts of any liquidations, and the dates and amounts of interest payments. A certified copy of each of accounting filed with the court shall be sent by the court within ten days after the accounting is filed to the office of the department having jurisdiction over the area in which the court is located. Each accounting shall include a computation of commissions allowed and taken during the period covered by the accounting. No accounting shall be allowed or admitted to record for a period of 60 days following the date of filing the accounting.

29-7-14.
If any VA guardian fails to file the accounting required by Code Section 29-7-13, the failure shall be grounds for removal. If any VA guardian fails to file any accounting within 30 days after demand is made by the court to do so, the court shall notify the surety for the VA guardian of the failure by certified mail or statutory overnight delivery. Thereafter, on motion of any interested party, including the surety, or on its own motion, the court may enter an order removing the VA guardian without further notice or hearing. Every VA guardian who fails or refuses to file the accounting by the due date shall receive no commission or compensation for any service during that year unless by special order of the court the VA guardian is exonerated from all fault.

29-7-15.
(a) As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardian´s hands during any months while the VA guardian serves. If the ward receives less than $350.00 per month, the minimum fee shall be $35.00 per month.
(b) In the event the ward´s monthly service connected disability compensation payment from the department is discontinued or suspended, the VA guardian, subject to court approval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by the VA guardian from the time the disability compensation payment is discontinued or suspended until the time the disability compensation payment is resumed.
(c) In the event that extraordinary services are rendered by the VA guardian, the court, upon petition and after hearing thereon, may authorize additional compensation payable from the estate of the ward. Notice of the petition and hearing shall be given by certified mail or statutory overnight delivery to the department office having jurisdiction over the area in which the ward resides not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a previous VA guardian.
(d) A VA guardian shall be allowed to pay from the ward´s estate reasonable premiums for any corporate surety on the VA guardian´s bond.

29-7-16.
(a) A VA guardian, upon filing a petition and making satisfactory accounting, shall be discharged when the ward dies, reaches the age of majority, or is declared competent by the department or the court.
(b) A county guardian who ceases to serve as county guardian continues to serve as a VA guardian at the pleasure of the court for which the VA guardian formerly served as county guardian. The court may at any time require the VA guardian´s final accounting and discharge as to any or all VA guardianships which the VA guardian accepted as county guardian, whereupon the court shall appoint as successor VA guardian the new county guardian or other person as shall be requested by the department. A former county guardian may file a petition with the court, a copy of which shall be served by certified mail or statutory overnight delivery upon the area office of the department, together with the VA guardian´s final accounting, as to any or all VA guardianships; whereupon the court shall appoint as the VA guardian´s successor the new county guardian or other person as shall be designated by the department.
29-7-17.
Except where inconsistent with this chapter, the general guardianship and conservatorship laws of this state and the laws establishing the practice in such matters, including the rights of appeal, shall be applicable to wards and their estates governed by this chapter.

29-7-18.
This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the department who are entitled to benefits from the department.

29-9-1.
Except as otherwise specifically provided by law, the provisions of this chapter shall apply to any proceeding in the court that arises under this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the court arising under this title except as otherwise provided in Chapter 11 of Title 9 and Chapter 9 of Title 15.

29-9-2.
(a) The court in its discretion may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does not supersede any specific requirement that individual be served by personal service and the guardian ad litem may not waive personal service for that individual.
(b) Except as provided in subsection (a) of this Code section, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of that person shall be represented in the proceeding by a guardian ad litem; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator, if any, or the duly constituted guardian, if any, has no conflict of interest and thus may represent for the purpose of the proceeding a person who is not sui juris. Service upon or notice to a guardian ad litem shall constitute service upon or notice to that person who is not sui juris and no additional service upon or notice to that person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall be binding upon the person represented. The guardian ad litem may represent a single person or more than one person or a class of persons with common or nonadverse interests.
(c) Whenever a guardian ad litem is appointed, the court may limit the appointment, may remove the guardian ad litem, or may at any time for cause appoint a successor guardian ad litem.
(d) In every petition filed in the court, the petitioner shall identify each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such conservator or guardian to act; provided, however, that the court may take judicial notice of the issuance of the letters or of the authority.

29-9-3.
A person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as counsel for the same individual.

29-9-4.
(a) Except as otherwise provided by law, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter.
(b) Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least ten days before the hearing except that, if waived in writing, the ten-day provision shall not apply. An entry of service shall be made on the original and the copy for the party served.
(c) A party who is in the military service may be served by any commissioned officer who shall file with the court a certificate stating that copies of the petition and citation were served in person.
(d) Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section 15-9-17.
(e) When personal service is required by this Code section, unless otherwise directed by the court, service may be made by registered or certified mail or statutory overnight delivery if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least ten days before the date specified in the citation, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section.

29-9-5.
(a) Except as otherwise provided by law or directed by the probate judge pursuant to Code Section 29-9-6, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state or whose current address is unknown.
(b) Unless all persons have known current residence addresses, the court shall order service to be perfected by publication of the citation in the newspaper in which the sheriff´s advertisements are published in the county in which the petition is filed. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given. The published citation shall be directed to the person to be served.
(c) If the current residence address of a person is known, service shall be made by mailing by first-class mail a copy of the petition and the citation.
(d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of a known person whose current residence address is unknown, that person´s name shall appear in the records of the court, and the records shall show service by publication as to that person in compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section.

29-9-6.
If one or more unsuccessful attempts at personal service are made by the sheriff or deputy upon a conservator or guardian appointed in this state at the last known address of the conservator or guardian that appears in the court records and it appears to the court that further attempts are likely to be futile, then service shall be sufficient upon the conservator or guardian if the citation is mailed by first-class mail to the last known address of the conservator or guardian.

29-9-7.
The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this title as the judge may determine to be proper in the interest of due process and reasonable opportunity for any party or interest to be heard.

29-9-8.
(a) Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment of service shall be in writing, signed by the person to be served or some person competent to do so, shall be sworn before the court or a notary public, and shall be filed with the court.
(b) The written consent of a party to the granting of any relief or the entry of any order sought in a proceeding, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of notice and service of the proceedings, waiver of citation, entry of appearance, answer admitting all allegations of facts set forth in the petition as true and correct, and consent to the granting of the relief or the order sought.
(c) A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section.

29-9-9.
An oath or affirmation or affidavit required or allowed to be made before or attested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or affidavit is made. The oath or affirmation or affidavit, if made outside this state, shall have the same force and effect as if it had been made before an officer of this state authorized to administer oaths. The official attestation of the officer before whom the oath or affirmation or affidavit is made shall be prima-facie evidence of the official character of the officer and that the officer was authorized by law to administer oaths.

29-9-10.
The director of the county department of family and children services or a duly appointed delegate is authorized to take the oath of conservatorship or guardianship before the judge of the Probate Court of Fulton County or before the judge of the court making the appointment of conservatorship or guardianship.

29-9-11.
(a) Every petition and return filed in the court shall be verified by an oath sworn to or affirmed before the court or a notary public.
(b) Where appropriate, petitions for separate appointments, such as the appointment of a guardian and a conservator or the appointment of a guardian and an emergency guardian, may be consolidated into one petition and the filing and giving of notice of the petitions may occur simultaneously.
(c) If the petition for the appointment of a guardian or a conservator of a minor or a proposed ward is originally filed in the county in which the minor or proposed ward is found, on motion of either party, if appropriate, the case may be transferred to the county of the minor´s or proposed ward´s domicile.

29-9-12.
(a) For purposes of this Code section, the terms 'citation' and 'notice' shall have the same meaning unless the context otherwise requires.
(b) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court. The citation shall also state whether the hearing shall take place on a certain date or be specially scheduled for a later date. With respect to all proceedings under this title, the citation, if any, may state that if no objections are filed, the petition may be granted without a hearing.

29-9-13.
(a) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than ten days after the date the person is personally served. For persons within the United States who are served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 14 days from the date of mailing or delivering; provided, however, that if a return receipt from any recipient is received by the court within 14 days from the date of mailing or delivering, the date on or before which any objection is required to be filed by such recipient shall be ten days from the date of receipt as shown on the return receipt. For a person outside the United States who is served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed or delivered; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date of receipt shown on such return receipt. For a person served by publication, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks.
(b) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the citation, the court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings.
(c) Except as otherwise provided by law, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the petition, the court shall, by first-class mail, send a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings.
(d) Notwithstanding the other provisions of this Code section, the date by which objections must be filed or on which the hearing shall be held shall be no earlier than ten days after the date of service on any person who is entitled to personal service.

29-9-13.
Whenever it is required that a document which is to be filed in the court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-24 and such full faith and credit shall be given to the document as is provided in that Code section.
29-9-14.
The court on its own motion may order a hearing on any matter related to a conservatorship or guardianship even if no objection is filed.

29-9-15.
Any legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceeding, including any appeals.

29-9-16.
For the evaluation or examination required by subsection (d) of Code Section 29-4-11 or subsection (d) of Code Section 29-5-11, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses. For the hearing under subsection (d) of Code Section 29-4-12 or subsection (d) of Code Section 29-5-12, the evaluating physician, psychologist, or licensed clinical social worker shall receive an amount not to exceed $75.00 plus actual expenses.

29-9-17.
At the time of appointment and at any time throughout the conservatorship or guardianship, the court may order the conservator or guardian to undergo such instruction as the court deems appropriate.

29-9-18.
All of the records relating to any guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the ward and guardian or conservator and their legal counsel of record and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the ward´s legal counsel and by the guardian or conservator and the guardian or conservator´s legal counsel at any time. A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days´ prior written notice of a hearing on the petition. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest."

NAME	ADDRESS (include county of domicile)	DATE OF BIRTH
___________________ ___________________	________________________ ________________________	___________________ ___________________