2010 Georgia Code 29-5-101 Case Law
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One Click Case Law for § 29-5-101
O.C.G.A. § 29-5-100 <-- --> O.C.G.A. §29-5-102



2010 Georgia Code

TITLE 29 - GUARDIAN AND WARD

CHAPTER 5 - CONSERVATORS OF ADULTS
ARTICLE 11 - TEMPORARY SUBSTITUTE CONSERVATOR
§ 29-5-101 - Appointment of successor conservators; appointment of legal counsel; notice to interested individuals; order appointing successor conservator

O.C.G.A. 29-5-101 (2010)
29-5-101. Appointment of successor conservators; appointment of legal counsel; notice to interested individuals; order appointing successor conservator


(a) The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the ward. The court shall select the successor conservator in the manner provided in Code Section 29-5-3.

(b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections 29-5-90 and 29-5-91. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the ward and the ward's legal counsel. Notice shall be made by first-class mail to the guardian of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:

(1) The spouse of the ward; and

(2) All adult children of the ward; or

(3) If there is no adult child, then at least two adults in the following order of priority:

(A) Lineal descendants of the ward;

(B) Parents and siblings of the ward; and

(C) Friends of the ward.

(c) After such hearing as the court deems appropriate, the court shall enter an order appointing the successor conservator and requiring that bond be posted in the amount set out in Code Section 29-5-40.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com