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2018 Georgia Code 29-9-16 | Car Wreck Lawyer

TITLE 29 GUARDIAN AND WARD

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

ARTICLE 13 FOREIGN CONSERVATORS

29-9-16. Compensation to physicians, psychologists, or licensed clinical social workers.

For the evaluation or examination required by subsection (d) of Code Section 29-4-11 or subsection (d) of Code Section 29-5-11, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses. For the hearing under subsection (d) of Code Section 29-4-12 or subsection (d) of Code Section 29-5-12, the evaluating physician, psychologist, or licensed clinical social worker shall receive an amount not to exceed $75.00 plus actual expenses.

(Code 1981, §29-9-16, 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).

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