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Ray v. Stewart

O.C.G.A. § 29-5-81 b-addressing which persons are entitled to receive actual notice of a final settlement of a conservator's accounts and discharge from liability-is not unconstitutional on the basis that it does not require actual notice to those in the appellant's position as a potential beneficiary of a deceased ward's estate.

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In 1989, appellee Opal Ray Stewart was appointed as conservator for her incapacitated adult father, Willie Lee Ray, Sr., after he received catastrophic injuries in an automobile accident. Ray, Sr. died testate in December 2006; his Last Will and Testament was probated in solemn form and pursuant to its terms, Stewart was named as executrix.

In December 2007, Stewart filed a petition for a final settlement of accounts and for discharge from office and liability as conservator, acknowledging that all required inventories and returns had been filed with the court, and all assets of the conservatorship had been transferred to the estate of the deceased ward. The probate court issued a citation and served it on the conservator’s surety, appellee State Farm Fire and Casualty Company State Farm. Notice was published in the county newspaper as required by OCGA § 29-5-80 a, and because Stewart was also the ward’s personal representative, a guardian ad litem was appointed to represent the ward under OCGA § 29-5-81 b. The guardian ad litem reviewed the final return, found it to be in order, and consented to the discharge. After determining that Stewart had fully discharged her duties as conservator, and having received no objections, the probate court entered an order discharging her from office and liability in February 2008.

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