Proceedings for Appeal; Appointment of Guardians Ad Litem; Bond and Security Prior to Removal; Liability of Surety of Predecessor Conservator; Jurisdiction

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Adults
  5. Appellate Proceedings
  6. Proceedings for Appeal; Appointment of Guardians Ad Litem; Bond and Security Prior to Removal; Liability of Surety of Predecessor Conservator; Jurisdiction

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  1. Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward's legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless by agreement the parties specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence.
  2. All rights of appeal from the superior court shall be as provided by law.
  3. The filing of an appeal to the superior court from the judgment of the probate court shall act as a supersedeas.
  4. Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency conservator with powers and duties as are described in Code Section 29-5-16; provided, however, that such emergency conservator may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-5-14 and after a hearing at which other evidence may be presented. The appointment of an emergency conservator is not appealable.

(Code 1981, §29-5-110, enacted by Ga. L. 2004, p. 161, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-5-11 are included in the annotations for this Code section.

Authority to appoint emergency guardian pending appeal.

- Under former O.C.G.A. § 29-5-11(d), the probate courts which are authorized to hold jury trials under Ga. L. 1986, p. 982, will not be authorized to appoint an emergency guardian pending appeal. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-11).

Payment of costs upon appeal of emergency orders.

- An appeal from those emergency guardianship orders which can be considered "final orders" will act as supersedeas upon payment of the costs by the appellant. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-11).

ARTICLE 13 FOREIGN CONSERVATORS

PART 1 REMOVAL OF CONSERVATORS


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