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O.C.G.A. § 29-9-3 — Counsel as guardian ad litem prohibited; guardian ad litem as counsel prohibited | Georgia Code

O.C.G.A. § 29-9-3 (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

29-9-3. Counsel as guardian ad litem prohibited; guardian ad litem as counsel prohibited.

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, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as counsel for the same individual.

(Code 1981, §29-9-3, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Error in permitting appointment as attorney and guardian ad litem.

- In light of the clear statutory language in O.C.G.A. § 29-9-3 prohibiting an attorney from acting as both an advocate and a guardian ad litem (GAL), as well as the importance of the right to cross-examination, the trial court erred by treating the attorney as both the attorney and the GAL, thereby prohibiting the ward's grandmother from questioning the GAL. In re Estate of Thompson, 332 Ga. App. 774, 775 S.E.2d 158 (2015).

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This Georgia Code resource is curated by Graham W. Syfert, 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.