O.C.G.A.

O.C.G.A. § 29-5-70 (2019)

Proceedings when allegations that ward denied right or privilege

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Upon the petition of any interested person, including the ward, or upon the court’s own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward’s legal counsel, if any, and the ward’s guardian, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.

(b) No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.

History

(Code 1981, § 29-5-70, enacted by Ga. L. 2004, p. 161, § 1.)

Notes of Decisions
Cited in 2 cases, 2016–2017 · leading case: In Re: Est. Of: Jacqueline Gladstone, 798 S.E.2d 660 (Ga. Ct. App. 2017).
In Re: Est. Of: Jacqueline Gladstone, 798 S.E.2d 660 (Ga. Ct. App. 2017). · cites it 4× “Gladstone complains that the probate court erred by conducting an inquiry pursuant to OCGA § 29-5-70 12 without giving him notice.”
In Re Est. of Jimmy Curtis, 793 S.E.2d 554 (Ga. Ct. App. 2016). · cites it 4× “It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.