O.C.G.A.
O.C.G.A.

O.C.G.A. § 29-9-3 (2019)

Counsel as guardian ad litem prohibited; guardian ad litem as counsel prohibited

✓ 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 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.

History

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

Annotations

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).

Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: In Re Est. of Thompson, 775 S.E.2d 158 (Ga. Ct. App. 2015).
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In Re Est. of Thompson, 775 S.E.2d 158 (Ga. Ct. App. 2015). · cites it 4× “Contrary to this procedure, OCGA § 29-9-3, which governs the appointment of GALs in guardianship cases such as this one, provides: 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…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.