In re Estate of Taylor

The probate court abused its discretion in failing to give the county ward's mother a reasonable opportunity to post a surety bond before appointing the county guardian as the guardian of the ward's property.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following the resignation of the previous guardian of the property of Jason Taylor, an incapacitated adult and ward of the court, the Probate Court of Gwinnett County appointed the county guardian. The ward’s mother and guardian of his person, Janice Taylor, who had asked the court to appoint her guardian of the ward’s property, sought the appointment and now appeals from the probate court’s related rulings, contending the court abused its discretion in appointing the county guardian.1 For the following reasons, we reverse the appointment of the county guardian and remand this case for further proceedings. We review the probate court’s appointment of a guardian under the abuse of discretion standard. In re Hodgman , __Ga. App.__, __ 2 602 SE2d 925 2004; Gary v. Weiner , 233 Ga. App. 284, 285 2 503 SE2d 898 1998.

The record reveals the following undisputed facts.2 The previous guardian of the ward’s property resigned on February 9, 2004. In an order entered February 13, 2004, the probate court ordered that “any party interested in serving as guardian shall file a petition for appointment.” See OCGA § 29-5-6 a.3 In the February 13 order, the probate court ordered that a hearing would be held on the matter on March 22, 2004. The clerk served on Taylor a copy of the order setting down the hearing. Taylor appeared at the March 22 hearing and indicated that she wished to serve as the guardian of her son’s property and believed she could provide a surety bond to the court. In an order entered March 23, 2004, the probate court ordered Taylor to tender to the court on or before March 26, 2004, a fiduciary bond with approved surety in the amount of $90,000. The order stated, “If she fails to tender said bond before the close of business on that date, John E. Tomlinson, County Guardian, shall be appointed as successor guardian of the property.”

In re Estate of Taylor

The probate court abused its discretion in failing to give the county ward's mother a reasonable opportunity to post a surety bond before appointing the county guardian as the guardian of the ward's property.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report