2021 Georgia Code
Title 29 - Guardian and Ward
Chapter 3 - Conservators of Minors
Article 4 - Bonding of Conservators
§ 29-3-43. Requirement of Additional Bond; Notice in Event of Sureties Deficiencies; Revocation of Letters of Conservatorship
- When it comes to the attention of the court, either by annual return or otherwise:
- That additional personal property has accrued to the minor by descent, gift, or otherwise or that for any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-3-40; or
- That the bond or security is otherwise insufficient in the judgment of the court,
the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-3-82.
- When it comes to the attention of the court that the surety on the conservator's bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-3-82.
(Code 1981, §29-3-43, enacted by Ga. L. 2004, p. 161, § 1.)
Cross references.- Application by surety or personal representative to be relieved and requirement that thereupon guardian give other security or be discharged, § 29-2-52.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1882, §§ 1814, 1815, former Civil Code 1910, §§ 3049, 3050, and former Code 1933, §§ 49-115 and 49-116 are included in the annotations for this Code section.
Additional bond is discretionary and cumulative.
- Additional bond required by former Code 1882, § 1814 (former O.C.G.A. § 29-4-14), upon other property coming in, was discretionary with the ordinary (now judge of probate court) and, if required, would be cumulative and not exclusive as to such assets. Huson v. Green, 88 Ga. 722, 16 S.E. 255 (1892) (decided under former Code 1882, § 1814).
Additional bond is cumulative, Remington v. Hopson, 137 Ga. 95, 72 S.E. 918 (1911) (decided under former Civil Code 1910, § 3049).
Proceedings for removal are against guardian as individual.
- Proceedings to remove guardian and revoke guardian's letters under former Code 1933, §§ 49-232, 49-115, or 49-116 (former O.C.G.A. §§ 29-2-45,29-4-14, or29-4-15) were proceedings against the guardian as an individual, and not against estate or trust the guardian represents; and where the guardian was removed and letters revoked, it is proper that the guardian appeal therefrom as an individual. Bruce v. Dunn, 52 Ga. App. 758, 184 S.E. 361 (1936) (decided under former Code 1933, § 49-115).
Removed guardian may appeal to superior court.
- Where guardian is removed and guardian's letters revoked, upon rule issued by ordinary (now judge of probate court) under O.C.G.A. §§ 29-2-45,29-4-14, or29-4-15, after hearing on the ordinary's answer to such rule, the guardian may appeal to the superior court. Bruce v. Dunn, 52 Ga. App. 758, 184 S.E. 361 (1936) (decided under former Code 1933, § 49-115).
Proceeding under former Code 1933,
§ 49-116 (former O.C.G.A. § 29-4-15) can be instituted only by court. - See Great Am. Indem. Co. v. Jeffries, 65 Ga. App. 686, 16 S.E.2d 135 (1941) (decided under former Code 1933, § 49-116).
Proceedings for removal are against guardian as individual.
- Proceedings to remove guardian and revoke the guardian's letters under former Code 1933, § 49-232, 49-115 or 49-116 (former O.C.G.A. §§ 29-2-45,29-4-14, or29-4-15) were proceedings against the guardian as an individual, and not against estate or trust represented; and where the guardian was removed as guardian and letters revoked, it was proper that the guardian appeal therefrom as an individual. Bruce v. Dunn, 52 Ga. App. 758, 184 S.E. 361 (1936) (decided under former Code 1933, § 49-116).
Additional bond is cumulative; new sureties become cosureties.
- Where additional security was required of guardian by court pursuant to former Code 1933, § 49-116 (former O.C.G.A. § 29-4-15), second bond is cumulative of first, and new sureties become cosureties with those on first bond. Great Am. Indem. Co. v. Jeffries, 65 Ga. App. 686, 16 S.E. 135 (1941) (decided under former Code 1933, § 49-116).
New sureties become cosureties on first bond for waste.
- Where guardian's bond was executed for specific amount, and subsequently one of the sureties died, and, in proceeding under former Civil Code 1910, § 3050 (former O.C.G.A. § 29-4-15), guardian executed second bond with new sureties, the sureties upon such bond were cosureties with those on first bond for any past or future waste. Remington v. Hopson, 137 Ga. 95, 72 S.E. 918 (1911) (decided under former Civil Code 1910, § 3050).
Death of only surety will not abate letters of guardianship.
- Where guardian has been regularly appointed and has given bond, death of only surety on such bond will not abate letters of guardianship and render any act of guardian thereafter illegal and void. Prime v. Mapp, 80 Ga. 137, 5 S.E. 66 (1888)(decided under former Code 1882, § 1815).
Purchaser not affected by failure to require additional security.
- If upon death of surety on guardian's bond, the ordinary (now judge of probate court) fails to require new bond, and guardian continues to act as such and ordinary recognizes appointment and receives the guardian's returns, a purchaser at a guardian's sale will not be affected by failure of ordinary to require additional security of guardian. Prime v. Mapp, 80 Ga. 137, 5 S.E. 66 (1888) (decided under former Code 1882, § 1815).
Guardian who has been removed may appeal to superior court.
- Where guardian was removed and letters revoked, upon rule issued by ordinary (now judge of probate court) under former Code 1933, §§ 49-232, 49-115 or 49-116 (former O.C.G.A. §§ 29-2-45,29-4-14, or29-4-15) and after hearing on the ordinary's answer to such rule, guardian may appeal to superior court. Bruce v. Dunn, 52 Ga. App. 758, 184 S.E. 361 (1936) (decided under former Code 1933, § 49-116).
Cited in Fidelity & Deposit Co. v. Norwood, 38 Ga. App. 534, 144 S.E. 387 (1928); Tucker v. American Sur. Co., 191 F.2d 959 (5th Cir. 1951).
RESEARCH REFERENCES
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.
