Individuals Entitled to Notice; Appointment of Successor Conservator; Turning Over of Property

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Minors
  5. Successor Conservators
  6. Individuals Entitled to Notice; Appointment of Successor Conservator; Turning Over of Property

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  1. 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, 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.
  2. 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.

(Code 1981, §29-3-81, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2011, p. 752, § 29/HB 142.)

RESEARCH REFERENCES

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.


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