Compensation for Legal Counsel or Guardian Ad Litem

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Court Proceedings
  5. Compensation for Legal Counsel or Guardian Ad Litem

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  1. In connection with any proceeding brought pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, unless voluntarily waived, the court shall award reasonable fees and expenses, commensurate with the tasks performed and time devoted to the proceeding, including any appeals, to any legal counsel or guardian ad litem who is appointed by the court pursuant to the provisions of said chapters or Code Section 29-9-2.
  2. In connection with any proceeding brought pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, unless voluntarily waived, the court may award reasonable fees and expenses, commensurate with the tasks performed and time devoted to the proceeding, including any appeals, to any legal counsel who is retained by or on behalf of a minor, a proposed ward, a ward, the petitioner or petitioners, or any other party to any proceeding brought pursuant to the provisions of said chapters. As directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding.
  3. All fees and expenses awarded under subsection (a) or (b) of this Code section shall be assessed and paid in accordance with the provisions of Code Section 29-9-3.

(Code 1981, §29-9-15, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 29/HB 70; Ga. L. 2020, p. 493, § 29/SB 429.)

The 2019 amendment, effective January 1, 2020, substituted the present provisions of this Code section for the former provisions, which read: "Any legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceeding, including any appeals."

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "the petitioner or petitioners" for "the petitioner(s)" near the end of the first sentence of subsection (b).

Law reviews.

- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 71 Mercer L. Rev. 327 (2019).

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).

Private counsel not entitled to attorney fees.

- Probate court did not err in finding that O.C.G.A. § 29-9-15 did not authorize the payment of attorney fees from the estate of a ward to privately retained counsel because, under the plain language of the statute, only those appointed by the court in a guardianship or conservatorship proceeding would be awarded reasonable fees; there was no statutory authority to support a claim for attorney fees from the estate of a ward, except for those fees incurred by a court appointed legal counsel or a guardian ad litem; and it was undisputed that neither petitioners' counsel nor the ward's private counsel were appointed by the probate court. In re Estate of Phillips, 350 Ga. App. 889, 830 S.E.2d 398 (2019).

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, §§ 114, 225, 226, 273.


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