The executor of Clorina Haring’s will petitioned the probate court for a final accounting and settlement from James McQuien, who served as Haring’s guardian and conservator for five and a half years before her death.1 Following a two-day bench trial, the probate court issued a detailed order denying the relief sought in the petition, discharging McQuien and his surety from any further estate obligations, and awarding attorney fees to McQuien and the surety. The executor appeals, challenging five specific findings of fact and conclusions of law, the discharge of the surety, and the attorney fees award. For the reasons that follow, we affirm. OCGA § 29-5-81 a provides that the personal representative of a deceased ward may petition the court for an order requiring a conservator to submit to a final settlement of the conservator’s accounts from the commencement of the conservatorship. After notice, the court must examine the conservator’s returns and accounts during the settlement period and hear any objection to discharging the conservator. OCGA § 29-5-81 c. Finally, “if the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.” OCGA § 9-5-81 d. Because the probate court sits as the trier of fact when settling a conservator’s accounts, its findings based upon conflicting evidence are analogous to a jury verdict and should not be disturbed by a reviewing court if there is any evidence to support them. When the evidence is uncontroverted and no question of witness credibility is presented, however, the probate court’s application of the law to undisputed facts is subject to de novo appellate review. Citation and footnote omitted. In the Interest of Hudson , 300 Ga. App. 340 685 SE2d 323 2009. See Fletcher v. Ellenburg , 279 Ga. 52, 56 1 609 SE2d 337 2005; OCGA § 9-11-52 a.
The evidence presented to the court established that Haring and McQuien began living together in 1974. In March 2001, McQuien and Haring’s son Walter petitioned the probate court to have McQuien appointed as Haring’s guardian because she had developed Alzheimer’s and was no longer competent to take care of her affairs. In May 2001, the court appointed McQuien as the guardian of Haring’s person and property, and McQuien obtained a $310,000 bond from Western Surety Company. McQuien filed annual account returns and reports on Haring’s condition with the probate court until Haring died on December 26, 2006. Walter Haring was the executor of Haring’s will, which was admitted to probate court in March 2007.
