by Michael E. Memberg, Esq.

Effective May 12, 2011, the Georgia Legislature revised O.C.G.A. § 34-9-226 to require that a conservator, as opposed to a guardian, be appointed to represent a minor or legally incompetent person entitled to workers’ compensation benefits. The conservator must be appointed and qualified by the probate court of the claimant’s county of Georgia residence or by a court of competent jurisdiction outside of Georgia.

Guardians are responsible for all decisions for their wards, including whether to undergo medical treatment, even over the claimant’s objection. On the other hand, a conservator is appointed to manage the funds and property of another, much like a trustee. The law was clarified to ensure that the conservator rather than guardian is responsible for financial decisions with the Board, to include settlements. This change should allow for workers’ compensation claims for minors and legally incompetent claimants to proceed even if there are questions of guardianship.