O.C.G.A.
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.
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.
History
(Code 1981, § 29-9-15, enacted by Ga. L. 2004, p. 161, § 1.)
Annotations
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.
Notes of Decisions
In Re Est. of Wertzer., 826 S.E.2d 168 (Ga. Ct. App. 2019).
· cites it 6× “While Grace recognizes that OCGA § 29-9-15 may authorize an award of reasonable fees to a court-appointed GAL, she contends that it does not authorize the probate court to award those fees against the guardian of the ward.”
In re Est. of Phillips, 830 S.E.2d 398 (Ga. Ct. App. 2019).
· cites it 16× “For the reasons discussed below, we find that the probate court did not err in finding that *890 OCGA § 29-9-15 does not authorize the payment of attorney fees from the estate of a ward to privately retained counsel, and that our prior holdings in Olliff and Connell remain sound.”
In Re Est. of Mary Elizabeth Phillips (Ga. Ct. App. 2019).
· cites it 14× “For the reasons discussed below, we find that the probate court did not err in finding that OCGA § 29-9-15 does not authorize the payment of attorney fees from the estate of a ward to privately retained counsel, and that our prior holdings in Olliff and Connell remain sound.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.