What if I am appointed consevator but can not fullfill the duties?
Full Question:
How do we reverse an incorrect adult petition? I filled an adult petetion without the facts. I asked for a consevator on the petition by misake. The ward already had her finances handled by family members, including her husband. The court assigned my aunt a consevator, when the family had POA, that was not brought up in court. This consevator is a mess. My aunt cannot afford it.
05/04/2009 |
Category: Guardianship |
State: Georgia |
#16531
Answer:
The conservator may file a petition to resign, or if the conservatorship is no longer needed, a petition may be filed to terminate the conservatorship.
Please see the following GA statutes:
29-5-90. (a) A conservator or the duly authorized guardian, conservator,
or....
(a) A conservator or the duly authorized guardian, conservator, or
attorney in fact of a conservator, acting on behalf of the conservator,
may resign upon petition to the court showing to the satisfaction of
the court that:
(1) The conservator is unable to continue serving due to age, illness,
infirmity, or other good cause;
(2) Greater burdens have devolved upon the office of conservator than
those that were originally contemplated or should have been contemplated
when the conservator was qualified and the additional burdens work a
hardship upon the conservator;
(3) Disagreement exists between the ward and the conservator or between
the guardian and the conservator in respect of the conservator's
management of the ward's property, which disagreement and conflict
appear to be detrimental to the ward;
(4) The resignation of the conservator will result in or permit
substantial financial benefit to the ward; or
(5) The resignation would not be disadvantageous to the ward.
(b) The petition for resignation shall include the name of a suitable
person who is willing to accept the conservatorship.
(c) The court shall appoint legal counsel for the ward and personal
service of the petition for resignation shall be made upon the ward and
the ward's legal counsel. Service shall be made by first-class mail to
the guardian of the ward, if any, the surety on the conservator's bond,
and to the following persons whose whereabouts are known and who must be
persons other than the resigning conservator or 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.
(d) If, after such hearing as the court deems appropriate, the court is
satisfied that the petition for the resignation of the conservator and
the appointment of the successor conservator should be granted, the
court shall enter an order appointing the successor conservator in
accordance with the provisions of Code Section 29-5-101 and shall
accept the resignation, subject to the resigning conservator turning
over to the successor conservator all property of the ward held by the
conservator.
29-5-72. (a) Upon the petition of any interested person, including the
ward,....
(a) Upon the petition of any interested person, including the ward, or
upon the court's own motion, and upon a proper showing that the need for a
conservatorship has ended, the court may terminate the conservatorship
and restore all personal and property rights to the ward. Except for good
cause shown, the court shall order that notice of the petition be given,
in whatever form the court deems appropriate, to the ward, the
conservator, the ward's legal counsel, and the ward's guardian, if any.
The court shall appoint legal counsel for the ward and may, in its
discretion, appoint a guardian ad litem.
(b) A petition for termination must be supported either by the
affidavits of two persons who have knowledge of the ward, one of whom may
be the petitioner, or of a physician licensed to practice medicine under
Chapter 34 of Title 43, a psychologist licensed to practice under Chapter
39 of Title 43, or a licensed clinical social worker, setting forth the
supporting facts and determinations. If, after reviewing the petition and
the affidavits, the court determines that there is no probable cause to
believe that the conservatorship should be terminated, the court shall
dismiss the petition. If the petition is not dismissed, the court shall
order that an evaluation be conducted in accordance with the provisions
of subsection (d) of Code Section 29-5-11. If, after reviewing the
evaluation report, the court finds that there is no probable cause to
believe that the conservatorship should be terminated, the court shall
dismiss the petition. If the petition is not dismissed, the court shall
schedule a hearing with such notice as the court deems appropriate.
(c) In any proceeding under this Code section the burden is on the
petitioner to show by a preponderance of the evidence that there is no
longer a need for the conservatorship.
(d) No petition for termination of a conservatorship shall be allowed
by the court within two years after the denial or dismissal on the
merits of a petition for termination of the conservatorship unless the
petitioner shows a significant change in the condition or circumstances
of the ward.
(e) The death of the ward automatically terminates the conservatorship
except for purposes of the final settlement of the petition for letters
of discharge, as provided in Code Section 29-5-81.
(f) Upon termination of the conservatorship, the conservator shall
deliver any money or property of the ward to the former ward or, if the
ward is deceased, to the ward's personal representative.
(g) When a ward for whom the county administrator or county guardian
has been previously appointed as conservator dies intestate, the
conservator shall proceed to distribute the ward's estate in the same
manner as if the conservator had been appointed administrator of the
estate. The sureties on the conservator's bond shall be responsible for
the conservator's faithful administration and distribution of the
estate.
29-5-80. (a) Upon the termination of the conservatorship or the
resignation....
(a) Upon the termination of the conservatorship or the resignation of
the conservator, the conservator may petition the court for an order
dismissing the conservator from office. The petition shall include a
final return to the court which covers the period from the latest annual
return filed by the conservator. The final return shall contain the
information required for annual returns and shall otherwise comply with
the provisions of Code Section 29-5-60. Notice shall be published one
time in the newspaper in which sheriff's advertisements are published in
the county in which the petition is filed and shall state that any
objection must be made in writing and shall designate the date on or
before which objections must be filed in the court, which shall not be
less than 30 days from the date of publication. The court shall examine
any objections filed.
(b) If no objection is filed or if, upon hearing any objection, the
court is satisfied that the order dismissing the conservator from
office is appropriate, the court shall enter an order dismissing the
conservator from office. Such order shall not bar an action against the
conservator or the conservator's surety.
29-5-60. (a) Each year, within 60 days of the anniversary date of....
(a) Each year, within 60 days of the anniversary date of
qualification, every conservator shall file with the court a verified
return consisting of a statement of the receipts and expenditures of the
conservatorship during the year preceding the anniversary date of
qualification, an updated inventory consisting of a statement of the
assets and liabilities of the estate as of the anniversary date of
qualification, an updated plan for managing, expending, and distributing
the ward's property, a note or memorandum of any other fact necessary to
show the true condition of the estate, and a statement of the current
amount of the bond. The conservator shall mail a copy of the return by
first-class mail to the surety on the conservator's bond, the ward, and
the ward's guardian, if any.
(b) Upon petition of the conservator or upon the court's own motion,
the court may change the reporting period from the year immediately
preceding the anniversary date of qualification to the year immediately
preceding a date ordered by the court. In lieu of changing the reporting
date, the court is authorized to accept a return for filing even if the
return does not cover the appropriate reporting period; however, such
acceptance shall not change the reporting period established by either
the anniversary date of qualification or a subsequent order of the
court, unless the court also enters an order changing the reporting
date.
(c) The court shall carefully examine each return of a conservator and,
upon petition of any interested person or upon the court's own motion,
may require the conservator to produce the original documents that
support the return. Except as otherwise provided in this subsection, if
no objection is filed within 30 days of the time the return is filed,
the court shall record the return within 60 days of its filing. The
return shall be kept on file in the court. The recorded return shall be
prima-facie evidence of its correctness. If there is an objection to
the return or if the court on its own motion determines that the
conservator may have wasted the property of the ward or failed in any
manner to comply with applicable law, the court shall hold a hearing or
take such other action as the court deems appropriate.
(d) The court shall keep a docket of conservators liable to file
returns. Upon the failure of any conservator to file any return by the
time frame required by law, the court shall cite the conservator to
appear and show reason for the delay. A conservator who fails to file
an annual return as required by law shall forfeit all commissions and
other compensation for the year within which no return is filed unless
otherwise ordered by the court. A willful and continued failure to file
a return shall be good cause for removal.