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O.C.G.A. § 29-9-15 — Compensation for legal counsel or guardian ad litem | Georgia Code
O.C.G.A. § 29-9-15 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 29 GUARDIAN AND WARD

Section 9. Court Proceedings, 29-9-1 through 29-9-19.

ARTICLE 13 FOREIGN CONSERVATORS

29-9-15. Compensation for legal counsel or guardian ad litem.

Any legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceeding, including any appeals.

(Code 1981, §29-9-15, 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. § 29-5-13 are included in the annotations for this Code section.

"Expenses" in former O.C.G.A. § 29-5-13(a) are not expenses of litigation but rather are tantamount to "costs" incurred in a judicial proceeding brought pursuant to former O.C.G.A. Title 29, Chapter 5. In re Olliff, 184 Ga. App. 846, 363 S.E.2d 158 (1987), aff'd, 258 Ga. 157, 366 S.E.2d 289 (1988) (decided under former O.C.G.A. § 29-5-13).

Individual who successfully defended against a petition for guardianship was not entitled to recover expenses and attorney's fees under former O.C.G.A. § 29-5-13. In re Olliff, 184 Ga. App. 846, 363 S.E.2d 158 (1987), aff'd, 258 Ga. 157, 366 S.E.2d 289 (1988) (decided under former O.C.G.A. § 29-5-13).

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 114, 225, 226, 273.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.