Bond; Recording of Bond; Payment of Bond Premium

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Adults
  5. Requirement of Guardian
  6. Bond; Recording of Bond; Payment of Bond Premium

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    1. A guardian, including a guardian appointed in a final order accepting the transfer of a guardianship proceeding from another state issued under subsection (e) of Code Section 29-11-21, may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.
    2. With respect to a guardianship order from another state that has been registered with and recorded by the court under Code Section 29-11-30, in addition to any action the court may take under paragraph (1) of this subsection or under subsection (b) of Code Section 29-11-32, such court of this state may communicate with the appointing court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of any action relating to a bond of such guardian, stating the reasons therefor.
  2. The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
  3. 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 shall, upon the request of the guardian, be paid from the estate of the ward.

(Code 1981, §29-4-30, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95; Ga. L. 2019, p. 693, § 10/HB 70.)

The 2019 amendment, effective January 1, 2020, substituted the present provisions of subsection (a) for the former provisions, which read: "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."; and substituted "shall, upon the request of the guardian, be paid from the estate of the ward" for "may be paid as part of the cost of administration" in subsection (c).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Guardian and Ward, §§ 67, 188 et seq.

C.J.S.

- 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.

Official bond of executor, administrator, guardian, or trustee as covering appeal taken by him, 132 A.L.R. 1280.

ARTICLE 5 REVIEW AND TERMINATION OF GUARDIANSHIP

RESEARCH REFERENCES

C.J.S.

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


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