The conservator shall within 60 days after appointment make a written report to the probate court setting forth the condition of the estate of the missing individual, together with a schedule of any debts that may be owed by the missing person, an estimate of the income from the estate and the expenses necessary to its preservation, a statement showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support, and a recommendation as to how the estate should be distributed. The court, after considering the report and making any further investigation the court may deem necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been dependent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may provide for the payment of those debts of the missing person as the court deems just and proper. An order of an appropriate court may allow the conservator to engage in such estate planning dispositions of the missing person's property as are authorized by Code Sections 29-3-36 and 29-5-36. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the missing individual for support, the guardian of any such individual, or any person having an interest in the property or in any business of the missing individual.
(Code 1981, §53-9-14, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 43; Ga. L. 2004, p. 161, § 13.)
Editor's notes.- Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."
COMMENTThis section carries forward former OCGA Secs. 53-9-24 and 53-9-43 and expands those provisions to allow the probate court to direct how the property of the missing individual will be handled. This section also now authorizes the probate court to allow the conservator to engage in the same type of estate planning mechanisms as are allowed of guardians under OCGA Sec. 29-5-5.1.
RESEARCH REFERENCES
Am. Jur. 2d.
- 1 Am. Jur. 2d, Absentees, §§ 1, 2, 9, 11 et seq.
C.J.S.- 1 C.J.S., Absentees, § 8 et seq.