2022 Georgia Code
Title 29 - Guardian and Ward
Chapter 3 - Conservators of Minors
Article 2 - Rights of Minor and Obligations of Conservator
§ 29-3-21. Obligations of Conservator; Liability of Conservator

1. A conservator shall receive, collect, and make decisions regarding the minor’s property, except as otherwise provided by law or by the court. A conservator shall at all times act as a fiduciary in the minor’s best interest and exercise reasonable care, diligence, and prudence.
2. A conservator shall:
   1. Respect the rights and dignity of the minor;
   2. Be reasonably accessible to the minor and maintain regular communication with the minor;
   3. Petition to have a guardian appointed if necessary;
   4. Endeavor to cooperate with the guardian, if any;
   5. Provide for the support, care, education, health, and welfare of the minor, considering available resources;
   6. Give such bond as required by Code Section 29-3-40;
   7. Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the minor’s property and a plan for administering the property, pursuant to the provisions of Code Section 29-3-30;
   8. Take into account any estate plan of the minor known to the conservator in the administration of the conservatorship;
   9. Keep accurate records including adequate supporting data and file annual returns as required by Code Section 29-3-60;
   10. Promptly notify the court of any conflict of interest between the minor and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section 29-3-23;
   11. Keep the court informed of the conservator’s current address; and
   12. Act promptly to terminate the conservatorship when the minor reaches the age of majority.
3. A conservator, solely by reason of the conservator-minor relationship, is not personally liable for:
   1. The minor’s expenses;
   2. Contracts entered into in the conservator’s fiduciary capacity;
   3. The acts or omissions of the minor;
   4. Obligations arising from ownership or control of property of the minor; or
   5. Other acts or omissions occurring in the course of the conservatorship.

History. Code 1981, § 29-3-21 , enacted by Ga. L. 2004, p. 161, § 1.

Cross references.

Service of process on guardian of incapacitated adult, § 9-11-4(l)(4).

Administrator’s duty to file inventory, § 53-7-75 (Pre-1998 Probate Code).

Law reviews.

For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).