Rights of Conservator to Property; Disclosure of Conflicts of Interest

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Minors
  5. Rights of Minor and Obligations of Conservator
  6. Rights of Conservator to Property; Disclosure of Conflicts of Interest

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  1. The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property.
  2. 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.
  3. 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.

(Code 1981, §29-3-23, enacted by Ga. L. 2004, p. 161, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 99 et seq., 205 et seq.

C.J.S.

- 57 C.J.S., Mental Health, § 135 et seq.


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