Payment of Expenses Incurred in Connection With Hearings Held Under This Chapter

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Examination, Treatment, etc., for Mental Illness
  5. Payment of Expenses of Patient Care and Transportation Generally
  6. Payment of Expenses Incurred in Connection With Hearings Held Under This Chapter

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  1. Except as provided in this Code section, the expenses of any hearing held under this chapter by a court or by a hearing examiner, including attorneys' fees authorized by paragraph (1) of subsection (b) of this Code section and including hearing officer expenses authorized by paragraph (3) of subsection (b) of this Code section, shall be paid by the county in which the patient has his residence or, if the patient is a transient, by the county in which the patient was initially taken into the custody of the state. Payment by such county of the hearing expenses shall only be required if the person who actually presides over the hearing executes an affidavit or includes a statement in his final order relating to the hearing that the assets of the patient, his estate, and any persons legally obligated to support the patient appear to be insufficient to defray such expenses, based upon all relevant information available to the person who actually presides over the hearing. Such affidavit or statement may include the patient's name, address, and age. The cost on appeal to the appropriate court shall be the same as provided for in other appeals from the probate and juvenile courts.
  2. Expenses of any hearing held under this chapter shall include:
    1. The fee to be paid to an attorney appointed under this chapter to represent a patient at such hearing. Such fee shall be as agreed between the attorney and the appointing court but shall not exceed an amount determined under the fee schedule followed by the county when computing the fees to be paid to an attorney who has been appointed to represent an indigent criminal defendant plus actual expenses which an attorney may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amounts specified in this paragraph;
    2. The fee to be paid to the court, which fee shall be to defray the cost of clerical help and the cost of any additional office space and equipment required for the conduct of such hearing. In hearings conducted pursuant to Code Section 37-3-83 such fee shall be $20.00 and in all other hearings under this chapter such fee shall be $40.00, excluding attorneys' fees and expenses of the hearing officer; and
    3. The fee to be paid to the hearing officer appointed pursuant to subparagraph (A) of paragraph (4) of Code Section 37-3-1 to conduct a hearing. Such fee shall be as agreed between the hearing officer and the appointing court, but shall not exceed an amount determined under the fee schedule followed by the county when computing the fees to be paid to an attorney who has been appointed to represent an indigent criminal defendant plus actual expenses which the hearing officer may incur and which have been approved by the court holding the hearing. In exceptional circumstances, the hearing officer may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amounts specified in this paragraph. The $40.00 court cost authorized by paragraph (2) of this subsection shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearings.
  3. The expenses incurred by a county for a mental health hearing held by a probate court judge or an attorney on his or her staff for an out-of-county patient shall be reimbursed by the county in which the patient has his or her residence.Such amount shall not exceed the amount which would have been paid by the county to a noncounty employed hearing officer, plus any other authorized expenses in connection with the hearing.

(Ga. L. 1958, p. 697, § 24; Ga. L. 1960, p. 837, § 20; Code 1933, § 88-520, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-508.2, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1975, p. 719, § 1; Ga. L. 1976, p. 328, § 1; Code 1933, § 88-507.2, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1979, p. 1042, § 2; Ga. L. 1985, p. 875, § 1; Ga. L. 1992, p. 2521, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Limit of $40.00 contained in the statute applies only to the amount which must be paid, exclusive of attorney fees, to the court by a third party, that is, either a person responsible for the care of the patient or, in an appropriate case, the county of residence of the patient if that is different than the county in which the hearing is held; the ceiling on the compensation of the hearing officer is a negotiated matter, between the governing authority of a county in which the probate court lies, the probate court, and the person selected to be the hearing officer; there is, however, no authority to pass the expense on to a third party to the extent the compensation exceeds $40.00. 1978 Op. Att'y Gen. No. U78-38.

RESEARCH REFERENCES

ALR.

- Eligibility for welfare benefits as affected by claimant's status as trust beneficiary, 21 A.L.R.4th 729.

ARTICLE 6 RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY

Cross references.

- Tolling of statute of limitations due to mental illness or mental retardation of person to whom cause of action accrues, § 9-3-90.

RESEARCH REFERENCES

ALR.

- Validity, construction, application, and effect of Civil Rights of Institutionalized Persons Act, 42 USC §§ 1997 - 1997j, 93 A.L.R. Fed. 706.

PART 1 GENERAL PROVISIONS


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