O.C.G.A.

O.C.G.A. § 29-9-2 (2019)

Appointment of guardian ad litem; representation of persons not sui juris; limited appointment; identification of parties in all petitions

✓ 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) The court in its discretion may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does not supersede any specific requirement that individual be served by personal service and the guardian ad litem may not waive personal service for that individual.

(b) Except as provided in subsection (a) of this Code section, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of that person shall be represented in the proceeding by a guardian ad litem; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator, if any, or the duly constituted guardian, if any, has no conflict of interest and thus may represent for the purpose of the proceeding a person who is not sui juris. Service upon or notice to a guardian ad litem shall constitute service upon or notice to that person who is not sui juris and no additional service upon or notice to that person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall be binding upon the person represented. The guardian ad litem may represent a single person or more than one person or a class of persons with common or nonadverse interests.

(c) Whenever a guardian ad litem is appointed, the court may limit the appointment, may remove the guardian ad litem, or may at any time for cause appoint a successor guardian ad litem.

(d) In every petition filed in the court, the petitioner shall identify each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such conservator or guardian to act; provided, however, that the court may take judicial notice of the issuance of the letters or of the authority.

History

(Code 1981, § 29-9-2, enacted by Ga. L. 2004, p. 161, § 1.)

Annotations

Law reviews. - For annual survey on wills, trusts, guardianships, and fiduciary

administration, see 69 Mercer L. Rev. 341 (2017).

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2012–2024 · leading case: Chase Manhattan Mortg. Corp. v. Shelton, 722 S.E.2d 743 (Ga. 2012).

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Chase Manhattan Mortg. Corp. v. Shelton, 722 S.E.2d 743 (Ga. 2012). · cites it 2× “See OCGA § 29-9-2 (a) (authorizing appointment of a guardian ad litem to represent the minor’s interests at any time in a conservatorship proceeding).”

In Re Est. of Wertzer., 826 S.E.2d 168 (Ga. Ct. App. 2019). · cites it 2× “That chapter allows a court, in its discretion, to appoint a GAL "to represent the interests .”

Lamario Garrett v. Dep't of Human Servs. (Ga. Ct. App. 2020). · cites it 2× “Former OCGA § 29-9-2 (a), limits a GAL’representation of a proposed ward to “proceedings relating to guardianship or conservatorship of that individual.”

In Re: Suzanne Peavy Walbert, Proposed Ward (Ga. Ct. App. 2024). · cites it 2× “The appellants cite OCGA § 29-9-2 (b), which provides that “[a] person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual[.]” As an initial matter, it is undisputed…”

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