The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator’s representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person’s representative capacity.
History. Code 1981, § 29-5-46 , enacted by Ga. L. 2004, p. 161, § 1.
Structure Georgia Code
Chapter 5 - Conservators of Adults
Article 5 - Conservator’s Bond and Other Obligations
§ 29-5-40. Bond Requirement; Exception to Requirement; Recording
§ 29-5-41. Terms of Conservator’s Bond; Timing; Value; Substantial Compliance Sufficient
§ 29-5-43. Requirement of Additional Bond or Security
§ 29-5-44. Payment of Bond Premium
§ 29-5-45. Liability of Surety in Event Conservatorship Is Void
§ 29-5-46. Joint and Several Liability of Conservator and Surety
§ 29-5-47. Levy Upon Property; Writs of Execution
§ 29-5-48. Order of Levy Against Property
§ 29-5-49. Discharge of Surety From Obligations Under Bond; Reporting
§ 29-5-49.1. Communication With Other States on Conservatorship