2022 Georgia Code
Title 29 - Guardian and Ward
Chapter 5 - Conservators of Adults
Article 3 - Rights and Responsibilities of Ward
§ 29-5-22. Obligations and Liabilities of Conservator

Universal Citation: GA Code § 29-5-22 (2022)
  1. Except as otherwise provided by law or by the court, a conservator shall receive, collect, and make decisions regarding the ward’s property. A conservator shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain the ability to manage the ward’s property. A conservator, in making decisions, shall consider the expressed desires and personal values of the ward which are known to the conservator. A conservator shall at all times act as a fiduciary in the ward’s best interest and exercise reasonable care, diligence, and prudence.
  2. A conservator shall:
    1. Respect the rights and dignity of the ward;
    2. Be reasonably accessible to the ward and maintain regular communication with the ward;
    3. If necessary, petition to have a guardian appointed;
    4. Endeavor to cooperate with the guardian, if any;
    5. Provide for the support, care, education, health, and welfare of the ward and persons who are entitled to be supported by the ward, to the extent consistent with the current and future needs and resources of the ward;
    6. Give such bond as required by Code Section 29-5-40;
    7. Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the ward’s property and a plan for administering the property, pursuant to the provisions of Code Section 29-5-30.
    8. Take into account any estate plan of the ward 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 29-5-60;
    10. Promptly notify the court of any change in the ward’s condition that in the opinion of the conservator might require modification or termination of the conservatorship;
    11. Promptly notify the court of any conflict of interest between the ward and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section 29-5-24; and
    12. Keep the court informed of the conservator’s current address.
  3. A conservator, solely by reason of the conservator-ward relationship, is not personally liable for:
    1. The ward’s expenses or the expenses of those entitled to be supported by the ward;
    2. Contracts entered into in the conservator’s fiduciary capacity;
    3. The acts or omissions of the ward;
    4. Obligations arising from ownership or control of property of the ward; or
    5. Other acts or omissions occurring in the course of the conservatorship.

History. Code 1981, § 29-5-22 , enacted by Ga. L. 2004, p. 161, § 1.

Cross references.

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

Bond required of guardians of minors, § 29-4-12 .

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

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