Interested Parties' Right to Compel Foreign Conservator to Act With Equity and Good Conscience; Court's Communication With Appointing Foreign Court

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Adults
  5. Foreign Conservators
  6. Foreign Conservatorships
  7. Interested Parties' Right to Compel Foreign Conservator to Act With Equity and Good Conscience; Court's Communication With Appointing Foreign Court

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  1. Any resident of this state who is interested as a creditor, heir, putative heir, or will beneficiary of a ward for whom a foreign conservator has been appointed may apply to the proper court to compel the foreign conservator to protect that interest according to equity and good conscience before selling the ward's assets or removing the ward's assets beyond the limits of this state.
  2. With respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31, in addition to any action such court of this state may take under this part 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 the application to compel such foreign conservator to protect an interest under subsection (a) of this Code section, stating the reasons therefor.

(Code 1981, §29-5-139, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 23/HB 70.)

The 2019 amendment, effective January 1, 2020, designated the existing provisions of this Code section as subsection (a), and, in subsection (a), inserted "putative heir," near the middle, substituted "for whom a foreign conservator has been appointed" for "whom a foreign conservator represents" in the middle; and added subsection (b).


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