PocketLaw | Georgia Code | Appointment of Guardian Ad Litem;

Appointment of Guardian Ad Litem; Representation of Persons Not Sui Juris; Limited Appointment; Identification of Parties in All Petitions; Authority of Conservator or Guardian to Act; Ineligibility of Appointed Counsel to Be Appointed Guardian Ad Litem

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1. 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 for that individual to be served either by personal service or in the manner provided by subsection (a) of Code Section 15-9-17, and the guardian ad litem may not waive personal service for that individual.
2. Except as provided in paragraph (1) of this subsection, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of such 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 such person who is not sui juris, and except as provided in subsection (a) of Code Section 15-9-17, no additional service upon or notice to such person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall, except as otherwise provided in Code Section 15-9-17, 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.
3. 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.
4. 1. 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.
  2. The authority of a conservator or guardian to act may be established under subparagraph (A) of this paragraph by showing:
    1. Compliance by a foreign guardian of a minor with the filing requirements of subsection (b) of Code Section 29-2-74 or of Code Section 29-2-76;
    2. Compliance by a foreign conservator of the property of a minor with the filing requirements of subsection (b) of Code Section 29-3-115 or of Code Section 29-3-117;
    3. Compliance by a foreign guardian of an adult with the filing requirements of subsection (b) of Code Section 29-4-95 or of Code Section 29-4-97;
    4. Compliance by a foreign conservator of the property of an adult with the filing requirements of subsection (b) of Code Section 29-5-135 or of Code Section 29-5-137; or
    5. The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of this title.
  3. Notwithstanding the provisions of subparagraphs (A) and (B) of this paragraph, the court may take judicial notice of the issuance of the letters appointing such conservator or guardian, and of the authority of such conservator or guardian to act, in the manner provided by Chapter 2 of Title 24.
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, §29-9-2, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 25/HB 70.)

The 2019 amendment, effective January 1, 2020, designated the existing provisions of subsection (a) as paragraph (a)(1); in paragraph (a)(1), substituted "court, in its discretion," for "court in its discretion" near the beginning of the first sentence and substituted "requirement for that individual to be served either by personal service or in the manner provided by subsection (a) of Code Section 15-9-17, and" for "requirement that individual be served by personal service and" in the second sentence; redesignated former subsection (b) as present paragraph (a)(2); in paragraph (a)(2), substituted "paragraph (1) of this subsection" for "subsection (a) of this Code section" near the beginning of the first sentence, substituted "such" for "that" three times, substituted "sui juris, and except as provided in subsection (a) of Code Section 15-9-17, no" for "sui juris and no" in the second sentence, and inserted ", except as otherwise provided in Code Section 15-9-17," following "ad litem shall" in the third sentence; redesignated subsections (c) and (d) as paragraph (a)(3) and subparagraph (a)(4)(A), respectively; in subparagraph (a)(4)(A), substituted "guardian to act." for "guardian to act; provided, however, that" at the end of the second sentence; added subparagraphs (a)(4)(B) and (a)(4)(C); and added subsection (b).

Law reviews.

- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 69 Mercer L. Rev. 341 (2017).

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