History. Code 1981, § 29-9-3 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 26/HB 70; Ga. L. 2022, p. 198, § 2/HB 464.
The 2019 amendment, effective January 1, 2020, substituted the present provisions of this Code section for the former provisions, which read: “A person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as counsel for the same individual.”
The 2022 amendment, effective July 1, 2022, rewrote subsection (b); in subsection (c), substituted “considering the following” for “as follows” at the end of the introductory paragraph, substituted “The estate” for “From the estate” at the beginning of paragraph (c)(1), substituted “The conduct of the petitioners” for “By the petitioners” at the beginning of paragraph (c)(2), substituted “The conduct of a guardian or conservator or the surety” for “From a guardian or conservator or from the surety” at the beginning of paragraph (c)(3), substituted “Whether such costs, compensation, fees, and expenses shall be paid by the county” for “By the county” at the beginning of paragraph (c)(4), substituted “The conduct of any party” for “By any party” at the beginning of paragraph (c)(5), rewrote paragraph (c)(6); and added subsection (e).
Law reviews.
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 71 Mercer L. Rev. 327 (2019).
Structure Georgia Code
§ 29-9-1. Application of Chapter
§ 29-9-4. Personal Service; Procedure
§ 29-9-5. Service Upon Current Residence Addresses; Service by Publication
§ 29-9-6. Service Upon Conservator or Guardian
§ 29-9-8. Waiver of Service or Notice; Written Consent
§ 29-9-9. Oaths, Affirmations, and Affidavits
§ 29-9-10. Oath by Department Delegate
§ 29-9-11. Verification of Petitions and Returns; Consolidation and Transfer of Proceedings
§ 29-9-12. Issuance of Citations
§ 29-9-13. Satisfaction of Requirements of Authentication or Exemplification
§ 29-9-13.1. Authentication of Documents
§ 29-9-14. Court Ordered Hearings
§ 29-9-15. Compensation for Legal Counsel or Guardian Ad Litem
§ 29-9-16. Compensation to Physicians, Psychologists, or Licensed Clinical Social Workers
§ 29-9-17. Court Ordered Instruction for Conservator or Guardian
§ 29-9-18. Sealing of Records on Conservatorship or Guardianship
§ 29-9-19. Petitioner for Guardian or Conservator to Submit to Criminal History Records Check