Legal Question in Wills and Trusts in Georgia
-A Supreme Court Judge appointed an Adult Protection Service as guardian and having conservatorship for this person although the person had a spouse. The person and spouse later relocated to another State. The Adult Protectection Agency petitioned under the meaning of O.C.G.A. 29-4-1 and/or O.C.G.A. 29-5-1 to the State/County to which they moved, to consider the pleading and appoint a guardian and/or conservator as deemed necessary. After legal findings and a hearing, the Judge of the State/County to which they relocated ruled that the ward required guardianship and conservatorship and granted same to the spouse providing the spouse paid a bond and reported the financial spending of the ward's estate to the Court on a monthly basis.
For what reasons would a bond be given to the spouse being appointed as guardian and conservator of the estate of this person?
2 Answers from Attorneys
Bonds are normal for guardianships.
Bonds are required to ensure that the guardian/conservator does not cause a financial loss to the ward's/incomepetent's property. Even if this is a spouse, bond would be required. Reporting is required for the same basic reasons. You have to demonstrate to the court that you are using the ward's resources for his/her benefit and that you are not using the funds to enrich yourself.
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