(Code 1981, §29-2-25, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2019, p. 693, § 1/HB 70.)
The 2019 amendment, effective January 1, 2020, substituted "shall, upon the request of the guardian, be paid from the estate of the minor" for "may be paid as part of the cost of administration" in subsection (c).
Cross references.- Time limitation on bringing of actions against guardians, § 9-3-27.
Statute of limitations for prosecution for conversion by guardian of property of ward, § 17-3-2.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 2528, former Code 1873, § 1812, former Code 1933, § 49-113, and former Code 1933, § 113-1401 are included in the annotations for this Code section.
Only substantial compliance with statutes in execution of bonds required.
- Policy of the law as to all bonds required by statute, and especially as to bonds of guardians, administrators, and like trustees, is to disregard mere formalities, and to require only substantial compliance to secure all statutory remedies to persons injured by their breach. United States Fid. & Guar. Co. v. Davis, 2 Ga. App. 525, 58 S.E. 777 (1907) (decided under former Civil Code 1895, § 2528).
Grant of letters without bond not void without notice.
- In all cases of appointment by ordinary (now judge of probate court) of guardian of a minor - whether the clerk of the superior court or some other proper person - bond should be required; but the grant of letters without taking bond would not be void as against a bona fide purchaser under the guardian, without notice of want of a bond. Cuyler v. Wayne, 64 Ga. 78 (1879) (decided under former Code 1873, § 1812).
Commingling of funds and failure to account is breach.
- Deposit of ward's funds to individual account of guardian, and failure to account therefor, is per se a breach of bond. Hawes v. Standard Accident Ins. Co., 54 Ga. App. 776, 189 S.E. 59 (1936) (decided under former Code 1933, § 49-113).
Void sale does not amount to breach.
- Where sale of realty conducted by guardian is illegal and void, title to property sold does not pass, and heirs and distributees may assert their title to property so sold, so that there is no such loss to them as would amount to breach of bond of administrator and render surety thereon liable. Hawes v. Standard Accident Ins. Co., 54 Ga. App. 776, 189 S.E. 59 (1936) (decided under former Code 1933, § 49-113).
Cited in Speck v. Speck, 42 Ga. App. 517, 156 S.E. 706 (1931); Kinsey v. Fidelity & Cas. Co., 53 Ga. App. 674, 187 S.E. 246 (1936); Holsenbeck v. Arnold, 75 Ga. App. 311, 43 S.E.2d 348 (1947); Brown v. Gibson, 203 Ga. 213, 46 S.E.2d 68 (1948); Tucker v. American Sur. Co., 191 F.2d 959 (5th Cir. 1951).
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Executors and Administrators, § 521. 39 Am. Jur. 2d, Guardian and Ward, §§ 67, 188 et seq.
C.J.S.- 33 C.J.S., Executors and Administrators, § 91 et seq. 39 C.J.S., Guardian and Ward, §§ 13, 14, 35, 36, 50 et seq., 283 et seq.
ALR.
- Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.
Subsequent appointment of guardian as curing invalidity of prior sale of ward's property, 2 A.L.R. 1565.
Liability of guardian for loss of funds deposited in bank in form which discloses trust or fiduciary character, 90 A.L.R. 641.
Official bond of executor, administrator, guardian, or trustee as covering appeal taken by him, 132 A.L.R. 1280.
Time as of which value of property is to be computed for purpose of inheritance, succession, or estate tax, 160 A.L.R. 1059.
Valuation of United States Treasury bonds for state inheritance or estate tax purposes, 62 A.L.R.3d 1272.
ARTICLE 3 TERMINATION OF GUARDIANSHIP