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2018 Georgia Code 29-4-70 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 29-4-70 Case Law from Google Scholar Amendments to OCGA 29-4-70

TITLE 29 GUARDIAN AND WARD

Section 4. Guardians of Adults, 29-4-1 through 29-4-98.

ARTICLE 8 APPELLATE PROCEEDINGS

29-4-70. Right of ward to appeal; procedure; appointment of emergency guardian.

  1. Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward's legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence.
  2. All rights of appeal from the superior court shall be as provided by law.
  3. The filing of an appeal to the superior court from the judgment of the probate court shall act as a supersedeas.
  4. Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such powers and duties as are described in Code Section 29-4-16; provided, however, that an emergency guardian may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-4-14 and after a hearing at which other evidence may be presented. The appointment of an emergency guardian is not appealable.

(Code 1981, §29-4-70, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-5-11 are included in the annotations for this Code section.

Standing to appeal.

- After the probate court granted wife's petition for guardianship over her husband, the superior court correctly dismissed an appeal by the adult children of the husband because they did not file a petition for guardianship under former O.C.G.A. § 29-5-6 and did not hold any other status under former O.C.G.A. § 29-5-11(a). Twitty v. Akers, 218 Ga. App. 467, 462 S.E.2d 418 (1995) (decided under former O.C.G.A. § 29-5-11).

Cited in Snider v. Lavender, 164 Ga. App. 591, 298 S.E.2d 582 (1982); In re Jenkins, 169 Ga. App. 408, 313 S.E.2d 119 (1984); Barmore v. Himebaugh, 200 Ga. App. 868, 410 S.E.2d 46 (1991).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-5-11 are included in the annotations for this Code section.

Authority to appoint emergency guardian pending appeal.

- Under former O.C.G.A. § 29-5-11(d), the probate courts which were authorized to hold jury trials under Ga. L. 1986, p. 982, would not be authorized to appoint an emergency guardian pending appeal. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-11).

Payment of costs upon appeal of emergency orders.

- An appeal from those emergency guardianship orders which can be considered "final orders" will act as supersedeas upon payment of the costs by the appellant. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-11).

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