Required Showing for Resignation of Conservator; Name of Suitable Alternate Required; Notice; Order Appointing Successor Conservator

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Minors
  5. Successor Conservators
  6. Required Showing for Resignation of Conservator; Name of Suitable Alternate Required; Notice; Order Appointing Successor Conservator

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  1. 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.
  2. The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship.
  3. 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; 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.
  4. 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 of the minor held by the conservator.

(Code 1981, §29-3-80, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2011, p. 752, § 29/HB 142.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, "or" was added following the semicolon at the end of paragraph (c)(3) and "Code Section 53-2-1" was substituted for "53-2-1" in paragraph (c)(4).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 1848 are included in the annotations for this Code section.

Guardian must present suitable successor who is willing to accept.

- Before guardian is permitted to resign the guardian must present a fit and suitable person to the ordinary (now judge of probate court) as successor who is willing to accept. Bryce v. Wynn, 50 Ga. 332 (1873) (decided under former Code 1873, § 1848); King v. Hughes, 52 Ga. 600 (1874);(decided under former Code 1873, § 1848).

Order permitting resignation is not judgment that full settlement and accounting have been made. King v. Hughes, 52 Ga. 600 (1874) (decided under former Code 1873, § 1848).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, § 79 et seq.

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 35, 36, 41 et seq.

ALR.

- Construction and application of statutes authorizing the appointment of trust company as guardian, trustee, or administrator upon application or consent of one acting as such (or as executor), or one entitled to appointment as such, 105 A.L.R. 1199.

Right of appeal from order on application for removal of personal representative, guardian, or trustee, 37 A.L.R.2d 751.


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