Legal Assistance At It’s Best

Have you ever felt like this?

by Janet McDonald on 02/07/2019

Have you ever felt like there is no truth, no justice?  

If you have ever gone into Court in Propria Persona, I know that you have.

The State Bars and the Courts refuse to allow you the very same assistance that the opposing party has.  A Good paralegal, or team of paralegals is exactly what you need.

You won’t get that in GA, or most other states in the country either.

Heaven forbid that you should hire legal assistance that you can afford.

THIS WEEK

GA House of Representatives/Georgia General Assembly for House District 82, The Crooked Mary Margaret Oliver

Mary Margaret Oliver, GA

Georgia General Assembly for House District 82.

by Janet McDonald on 02/06/2019

And on http://www.marymargaretoliver.org/  she says:  

Thank you for allowing me to represent you in the Georgia General Assembly for House District 82.

I am a lifelong resident of District 82 in DeKalb County and have served in the Georgia General Assembly in both the House of Representatives (1987-1992) and 2002 - present, and the Senate (1993 -1998). My past legislative accomplishments have included authoring and passing significant legislation for the protection of children and consumers, including Georgia's anti-stalking law, along with legislation to protect neighborhood activists from intimidation. Prior to my elections, I practiced law, was an administrative law judge and an Associate Magistrate Judge. See my biography for more detail.

I continue to practice law on the Square in Decatur where I have had an office for the last 25 years.

In 2016, I am working hard on the Judiciary, Appropriations, Juvenile Justice, Governmental Affairs, and Science and Technology Committees. Go to Georgia House of Representatives' link to view my legislation.

The new District 82 was created by the Georgia General Assembly in the 2011 Special Session in response to the 2010 census data. Our new district includes the middle DeKalb county neighborhoods of Druid Hills, Decatur, Emory, Sagamore Hills, Leafmore Estates, Oakgrove and the Hawthorne Elementary School area, as well as parts of Chamblee and the new City of Brookhaven, north of I-85.

Please take a look at my website and my legislative record. Write me or give me a call at my law office, mmo@mmolaw.com, 404.377.0485. I look forward to hearing from you and particularly want to know what issues are most important to you.

— Mary Margaret

Her legislative History shows this:

http://www.legis.ga.gov/Legislation/en-US/MemberLegislation.aspx?Member=181&Session=23

Representative Mary Margaret Oliver

2019-2020 Regular Session

The following page will show her legislation

Authored Legislation

 

HB 64  Parent and child; require child welfare agencies to make efforts to determine whether a parent or guardian of a child who is the subject of abuse allegations is on active duty in the military

 (1) Prince, Brian 127th(2) Belton, Dave 112th(3) Oliver, Mary Margaret 82nd

 (4) Holcomb, Scott 81st(5) Efstration, Chuck 104th

 HC:  JuvJSC:

 Status: Jan/30/2019 - House Second Readers

HB 91  Hospitals and health care facilities; Federal Bureau of Investigation to retain fingerprints when an agency or entity is participating in the Georgia Bureau of Investigation's program; allow

 (1) Welch, Andrew 110th(2) Ballinger, Mandi 23rd(3) Oliver, Mary Margaret 82nd

 (4) Petrea, Jesse 166th

 HC:  JudySC:

 Status: Feb/05/2019 - House Second Readers

HB 70  Guardian and ward; guardian and conservators of minors and adults; revise provisions

 (1) Efstration, Chuck 104th(2) Fleming, Barry 121st(3) Scoggins, Mitchell 14th

 (4) Oliver, Mary Margaret 82nd(5) Trammell, Robert 132nd

 HC:  JuvJSC:

 Status: Jan/30/2019 - House Second Readers

1) Gardner, Pat 57th(2) Anulewicz, Teri 42nd(3) Bentley, Patty 139th

 (4) Oliver, Mary Margaret 82nd(5) Dreyer, David 59th

 HC:  SC:

 Status: Jan/15/2019 - House Read and Adopted

HB 137  Crimes and offenses; persons convicted of family violence offenses cannot possess or carry firearms; provide

 (1) Bazemore, Debra 63rd(2) Wilensky, Mike 79th(3) Frye, Spencer 118th

 (4) Beverly, James 143rd(5) Bruce, Roger 61st(6) Oliver, Mary Margaret 82nd

 HC:  PS&HSSC:

 Status: Feb/06/2019 - House First Readers

 

House Bill 70

By: Representatives Efstration  of the 104th, Fleming of the 121st, Scoggins of the 14th, Oliver of the 82nd, and Trammell of the 132nd

  1   To amend Title  29 of the Official Code of Georgia Annotated, relating to guardian and ward,

2   so as to revise provisions  relating to guardians and conservators of minors and adults; to

3   revise  a provision  relating  to parental consent to temporary guardianship;  to revise  bond

4   requirements of a minor guardian;  to revise  provisions   relating  to conservator  bond and

5   security; to revise provisions relating to petition appointment; to revise provisions relating

6   to emergency guardianship and conservatorship; to recognize the "Uniform  Enforcement of

7   Foreign Judgments Act" in connection with the appointment of a guardian or conservator,

8   the jurisdiction  for such petitions, and the enforcement of orders issued in other states; to

9   allow  conservators to access the digital  assets of minors and wards;  to provide  for

10   payment of costs, compensation, fees, and expenses; to revise provisions  regarding court

11   contempt powers;  to provide  for standards for the establishment  of a guardian  to act in

12   certain  circumstances;  to  amend various  provisions   of the  Official Code of Georgia

13   Annotated  so as to make conforming revisions;  to provide for related matters; to repeal

14   conflicting laws; and for other purposes.

15         BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

 16                                                              SECTION 1.

17   Title 29 of the  Official Code of Georgia  Annotated,  relating  to guardian and ward,  is

18   amended by revising  subsection (a) of Code Section 29-2-6,  relating to parental consent to

19   temporary guardianship, as follows:

20      "(a)  Except as otherwise provided in subsection (f) of this Code section, if the sole parent

21          or both parents of the minor have consented to the appointment of the temporary guardian,

22      as evidenced by notarized written consents attached to the petition, the court shall grant the

23      petition without further notice or hearing and shall may issue letters of guardianship to the

24      petitioner.  If deemed necessary by the court, the court shall hold a hearing to determine

25      all matters at issue."

 26                                                              SECTION 2.

27   Said title is further amended by revising  subsection (c) of Code Section 29-2-25, relating to

28   bond requirements of guardians of minors, as follows:

29      "(c)  If a guardian is required to give bond and has given as security one or more licensed

30      commercial  sureties authorized to transact business in this state, the bond premium may

31      shall, upon the request of the guardian, be paid as part of the cost of administration from

32          the estate of the minor."

  

 33                                                              SECTION 3.

34   Said title is further amended by revising  subsection (a) of Code Section 29-2-51, relating to

35   appointment of successor guardian of minor, as follows:

36      "(a)  The court shall appoint a successor guardian upon the resignation, death, or revocation

37      of the letters of the guardian  if the appointment  of a successor  guardian  is in the best

38      interest of the minor. The court shall select the successor guardian in the manner provided

39          in Code Section 29-2-15 29-2-16."

 

 40                                                                  SECTION 4.

41   Said title is further amended by revising  paragraphs (9) and (10) of subsection (c) of Code

42   Section 29-3-22,  relating to powers of conservators of minors, as follows:

43         "(9)  To access the digital  assets of the minor pursuant to Code Section 53-13-20;

44         (10)  To engage in estate planning  for the minor pursuant to the provisions  of Code

45         Section 29-3-36; and

46             (10)(11) To perform such other acts as may be in the best interest of the minor."

 

 

47                                                              SECTION 5.

48   Said title is further amended by revising  subsection (b) of Code Section 29-3-44, relating to

49   payment of bond premium by conservators of minors, as follows:

50      "(b)   When the guardian is required to give  bond pursuant to Code Section 29-2-25,  the

51          conservator shall, upon the request of the guardian, pay any bond premium from the estate."

  

52                                                                  SECTION 6.

53   Said title is further amended by revising  subsection (b) and paragraph (1) of subsection (e)

54   of Code Section 29-4-1,  relating to prerequisite findings prior to appointment of guardian for

55   adult and extent of guardianship, as follows:

56      "(b)  No guardian, other than a guardian ad litem or a guardian appointed in an emergency

57      under paragraph (1) of subsection (a) of Code Section 29-11-13,  shall be appointed for an

58          adult except pursuant to the procedures of this chapter."

59             "(e)(1)  No adult shall be presumed to be in need of a guardian unless:

60           (A)  He or she has been adjudicated to be in need of a guardian pursuant to this chapter;   or

62           (B)   The court  has recognized  another state's determination  of incapacity   and the

63           appointment of a guardian as provided in subsection (g) of Code Section 29-11-21."

 

 64                                                              SECTION 7.

65   Said title is further amended by revising  subsection (a) of Code Section 29-4-10, relating to

66   petition for appointment of guardian and requirements for petition, as follows:

67      "(a) Any interested person or persons, including the proposed ward, may file a petition for

68      the appointment of a guardian.  The Such petition shall be filed in the court of the county

69      in which the:

70         (1) The proposed ward is domiciled or is found,;

71         (2) The proposed ward is found; provided, however, that if the court of the county where

72         the proposed ward is found shall not have jurisdiction  to hear any guardianship petition

73         if it appears determines that the proposed ward was removed to that such county solely

74         for the purposes of filing  a petition for the appointment of a guardian and that such court

75         acquired jurisdiction  to appoint a guardian because of unjustifiable conduct, such court

76         may take any action authorized by Code Section 29-11-16;  or

77             (3) Jurisdiction is otherwise proper under Code Section 29-11-12."

 

78                                                              SECTION 8.

79   Said title is further amended by revising  subsection (a) of Code Section 29-4-14, relating to

80   petition for appointment of emergency guardian and requirements of petition, as follows:

81      "(a)   Any interested person, including   the proposed ward,  may  file a petition  for the

82          appointment of an emergency guardian.  The Such petition shall be filed in the court of the

83      county in which the:

84         (1) The proposed ward is domiciled or;

85         (2) The proposed ward is found; or

86             (3) Jurisdiction is otherwise proper under Code Section 29-11-12."

  

87                                                              SECTION 9.

88   Said title is further amended by revising  paragraph (3) of subsection (b) of Code Section

89   29-4-16,   relating  to conducting  an emergency  guardianship  hearing  and limitations  on

90   emergency guardianship, as follows:

91         "(3)  The emergency guardianship shall terminate on the earliest of:

92           (A)  The court's removal of the emergency guardian, with or without cause;

93`        (B)  The effective  date of the appointment of a guardian;

(C) Unless otherwise specified in the order of dismissal,  the dismissal of a petition for appointment of a guardian;

(D)   The date specified  for the termination  in the order appointing  the emergency guardian; or

(E)  Sixty days from the date of appointment of the emergency guardian, provided that the court had jurisdiction   to issue such order under paragraph (1) of Code Section

29-11-12; or

(F) Ninety  days from the date of appointment of the emergency  guardian, provided  that the court had jurisdiction to issue such order under paragraph (2) or (3) of Code Section

29-11-12."

SECTION 10.

Said title is further amended by repealing Code Section 29-4-17, relating to responsibility for paying expenses of hearings in guardianship proceeding, and designating it as reserved.

SECTION 11.

Said title is further amended by revising subsections (a) and (c) of Code Section 29-4-30, relating to bond requirements of guardian of adult, as follows:

"(a)(1) A guardian, including  a guardian appointed in a final order accepting the transfer of a guardianship  proceeding  from another state issued under subsection  (e) of Code Section 29-11-21, may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.

(2) With  respect to a guardianship  order from another state that has been registered with and recorded by the court under Code Section 29-11-30,  in addition to any action the court may take under paragraph (1) of this subsection or under subsection (b) of Code Section 29-11-32, such court of this state may communicate  with the appointing  court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of any action relating to a bond of such guardian, stating the reasons therefor."

"(c)  If a guardian is required to give bond and has given as security one or more licensed commercial  sureties authorized to transact business in this state, the bond premium may shall, upon the request of the guardian, be paid as part of the cost of administration from the estate of the ward."

 

SECTION 12.

Said title is further amended by revising  subsection (a) of Code Section 29-4-61, relating to appointment of successor guardian of adult, as follows:

"(a)  The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian  if the appointment  of a successor  guardian  is in the best interest of the ward.  The court shall select the successor guardian in the manner provided in Code Section 29-4-11 29-4-3."

SECTION 13.

Said title is further amended by revising Code Section 29-4-98,  relating to submission to jurisdiction by foreign guardian, as follows:

(a) A foreign guardian submits personally to the jurisdiction  of the courts of this state in any proceeding relating to the guardianship by:

(1)  Receiving  payment of money or taking delivery  of personal property in this state belonging  to the ward; or

(2) Doing  any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual;  or

(3) Registering the guardianship order in this state pursuant to Code Section 29-11-30. (b) With  respect to a guardianship  order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-30,  in addition to any action such court of this state may take under this part or under subsection (b) of Code Section

29-11-32, such court of this state may communicate with the appointing  court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of any proceeding relating to the guardianship initiated in this state under subsection (a) of this Code section, stating the reasons therefor."

SECTION 14.

Said title is further amended by revising  subsection (b) and paragraph (1) of subsection (e) of Code Section 29-5-1,  relating to conservator for adults, best interest of the adult,  no presumption of need for conservator, and objective of conservatorship, as follows:

"(b)  No conservator, except a conservator appointed under paragraph (2) of subsection (a) of Code Section 29-11-13  or a conservator for the estate of an individual who is missing or who is believed  to be dead, shall  be appointed for any adult except pursuant to the procedures of this chapter."

"(e)(1)  No adult shall be presumed to be in need of a conservator unless:

(A)   He or she has been adjudicated  to be in need of a conservator  pursuant to this chapter; or

(B)   The  court has recognized  another state's determination of a protected person's incapacity  and the appointment of a conservator as provided in subsection (g) of Code Section 29-11-21."

SECTION 15.

Said title is further amended by revising  subsection (a) of Code Section 29-5-10, relating to a petition for appointment of conservator and requirements of petition, as follows:

"(a) Any interested person or persons, including the proposed ward, may file a petition for the appointment of a conservator.  The Such petition shall be filed in the court of the county in which the:

(1) The proposed ward is domiciled or is found,;

(2) The proposed ward is found; provided, however, that if the court of the county where the proposed ward  is found shall  not have  jurisdiction  to hear any conservatorship petition if it appears determines that the proposed ward was removed to that such county solely  for the purposes of filing  a petition for the appointment of a conservator and that such court acquired jurisdiction to appoint a conservator because of unjustifiable conduct, such court may take any action authorized by Code Section 29-11-16;  or

(3) Jurisdiction is otherwise proper under Code Section 29-11-12."

SECTION 16.

Said title is further amended by revising  subsection (a) of Code Section 29-5-14, relating to appointment of emergency conservator and requirements of petition, as follows:

"(a)   Any interested person, including   the proposed ward,  may  file a petition  for the appointment of an emergency conservator.  The Such petition shall be filed in the court of the county in which the:

(1) The proposed ward is domiciled or; (2) The proposed ward is found; or

(3) Jurisdiction is otherwise proper under Code Section 29-11-12."

SECTION 17.

Said title is further amended by repealing Code Section 29-5-17, relating to responsibility for paying expenses of hearings in conservatorship proceeding.

SECTION 18.

Said title is further amended by revising  paragraphs (10)  and (11)  of subsection (c) of Code

Section 29-5-23,  relating to authority of conservators of adults, as follows:

"(10)  To access the digital  assets of the ward pursuant to Code Section 53-13-20;

(11)  To engage in estate planning  for the ward  pursuant to the provisions  of Code Section 29-5-36; and

(11)(12) To perform such other acts as may be in the best interest of the ward."

SECTION 19.

Said title is further amended by revising  subsection (a) of Code Section 29-5-40, relating to bond requirement of conservator of adult, as follows:

"(a)  A conservator appointed by the court, including  a conservator appointed in a final order accepting  the transfer of a conservatorship proceeding from another state issued under subsection (e) of Code Section 29-11-21,  shall give bond with good and sufficient security.

SECTION 20.

Said title is further amended by revising  subsection (b) of and adding a new subsection to Code Section  29-5-43, relating   to  requirement  of additional   bond  or  security   from conservator of adult, as follows:

"(b)  When it comes to the knowledge  of the court that the surety on the conservator's bond has died, become insolvent,  or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear and give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-102 29-5-92.

(c) With  respect to any bond filed with a conservatorship  order from another state that has been registered with and recorded by the court under Code Section 29-11-31, in addition to any action the court may take under this article or under subsection (b) of Code Section

29-11-32, such court of this state may communicate with the appointing  court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of the insufficiency of such bond under subsection (a) or (b) of this Code section, stating the reasons therefor."

SECTION 21.

Said title is further amended by revising  subsection (b) of Code Section 29-5-44, relating to payment of bond premium of conservators of adults, as follows:

"(b)   When the guardian is required to give  bond pursuant to Code Section 29-4-30,  the conservator shall, upon the request of the guardian, pay any bond premium from the estate."

SECTION 22.

Said title is further amended by adding a new Code section to Article  5 of Chapter 5, relating to conservator's bond and other obligations,  to read as follows:  "29-5-49.1.

With  respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31,  in addition to any action such court of this state may take under this article or under subsection (b) of Code Section

29-11-32, such court of this state may communicate with the appointing  court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of any proceeding relating to the conservatorship initiated in this state under this article, stating the reasons therefor."

SECTION 23.

Said title is further amended by revising Code Section 29-5-138,  relating to submission to jurisdiction personally of foreign conservator, as follows:  "29-5-138.

(a) A foreign conservator submits personally to the jurisdiction  of the courts of this state in any proceeding relating to the conservatorship by:

(1)  Receiving  payment of money or taking delivery  of personal property in this state belonging  to the ward; or

(2)   Doing any act  as  a  conservator  in this state that would  have  given this state jurisdiction over the actor as an individual;  or

(3) Registering the conservatorship order in this state pursuant to Code Section 29-11-31. (b) With  respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31,  in addition to any action such court of this state may take under this part or under subsection (b) of Code Section

29-11-32, such court of this state may communicate with the appointing  court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of any proceeding relating to the conservatorship  initiated in this state under subsection (a) of this Code section, stating the reasons therefor."

SECTION 24.

Said title is further amended by revising Code Section 29-5-139, relating to interested parties' right to compel foreign conservator to act with equity and good conscience, as follows:  "29-5-139.

(a)  Any resident of this state who is interested as a creditor, heir, putative heir, or will beneficiary  of a ward for whom a foreign conservator represents has been appointed may apply  to  the proper  court  to  compel  the foreign  conservator  to  protect  that interest according to equity and good conscience before selling  the ward's assets or removing the ward's assets beyond the limits of this state.

(b) With  respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31,  in addition to any action such court of this state may take under this part or under subsection (b) of Code Section

29-11-32, such court of this state may communicate with the appointing  court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of the application  to compel such foreign conservator to protect an interest under subsection (a) of this Code section, stating the reasons therefor."

SECTION 25.

Said title is further amended by revising Code Section 29-9-1,  relating to the application of

Chapter 9 of Title 29, as follows:  29-9-1.

Except as otherwise specifically  provided by law, the provisions  of this chapter shall apply to any proceeding in the court that arises under this title. Compliance  with the provisions of this chapter shall be deemed to be sufficient  for proceedings in the court arising under this title, except as otherwise provided in Chapter 11 of Title 9 and, Chapter 9 of Title 15, and Chapter 11 of this title."

SECTION 26.

Said title is further amended by revising  Code Section 29-9-2,  relating to appointment of guardian  ad  litem, representation  of persons  not  sui juris; limited   appointment,  and identification of parties in all petitions, as follows:  "29-9-2.

(a)(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.

(b)(2)  Except  as provided in subsection (a) of this Code section 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 that 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 that 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 that 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.

(c)(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.

(d)(4)(A)  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; (B)   The authority of a conservator  or  guardian  to act  may  be established  under subparagraph (A) of this paragraph by showing:

(i)   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;

(ii)  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;

(iii)  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;

(iv)  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

(v)  The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of this title.

(C) Notwithstanding the provisions of subparagraphs (A) and (B) of this paragraph, the court  may  take  judicial notice  of the  issuance  of the  letters  or  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.

(b)   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."

 

SECTION 27.

Said title is further amended by revising Code Section 29-9-3, relating to counsel as guardian ad litem prohibited and guardian ad litem as counsel prohibited, as follows:  "29-9 3.

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.

(a) Except  as otherwise ordered by the court under paragraph (2) of subsection (a) of Code Section 29-4-10, under paragraph (2) of subsection (a) of Code Section 29-5-10,  or under subsection (b) of Code Section 29-11-16,  and except as otherwise provided in subsection (a) of Code Section 9-12-135, all costs of court under Code Sections 15-9-60 and 15-9-126 or other applicable  law and all compensation, fees, and expenses awarded by the court under subsections (a) and (b) of Code Section 29-9-15,  under Code Section 29-9-16,  or under subsection  (b) of Code  Section  29-9-18,  may be assessed and shall be paid  as provided in subsections (b) and (c) of this Code section.

(b)  In any proceeding for the appointment of a guardian or conservator pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section shall be paid as follows:

(1)   From  the estate of the  minor  or ward  for whom  a guardian  or conservator  is appointed in such proceeding;

(2)   By the petitioners  in any such  proceeding  in which  no guardianship  order or conservatorship order is entered by the court;

(3) By the county of the court exercising jurisdiction over any such proceeding, provided that the judge who actually  presided over the hearing includes a finding  in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1) or (2) of this subsection appears to lack sufficient  assets to defray such costs, compensation, fees, and expenses;

(4) By any party or other person subject to the jurisdiction  of the court who has been the perpetrator of abuse, neglect, or exploitation  against the person or property of the minor, proposed ward, or ward, provided that the judge who actually  presided over the hearing includes  a finding  in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or

(5) From any property, fund, or proceeds recovered on behalf of or in favor of a minor or ward in accordance with an order of the court assessing such costs, compensation,  fees, and expenses against such property, fund, or proceeds.

(c) In all proceedings pursuant to the provisions  of Chapter 2, 3, 4, 5, 7, or 11 of this title other than for the appointment of a guardian or conservator, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid, in whole or in part, as determined and apportioned by the court in the exercise of its sound discretion, as follows:

(1) From the estate of the minor or ward for whom a guardian or conservator has been appointed in any such proceeding, if the court finds that the proceeding was brought in the best interest of the minor or ward;

(2) By the petitioners in any such proceeding;

(3) From a guardian or conservator or from the surety on such guardian's or conservator's bond, subject to other applicable  law governing  the liability of sureties on such bonds, in any such proceeding, if:

(A)   Such  guardian or conservator admits to a violation  of any obligation of such guardian or conservator in such guardian's or conservator's representative capacity under this title or other applicable law;

(B)   The court finds  that such guardian or conservator  has committed  a breach of fiduciary duty or has threatened to commit  a breach of fiduciary duty;

(C)   The  court revokes or suspends such guardian's letters of guardianship or such conservator's letters of conservatorship  or imposes sanctions upon such guardian or conservator in such proceeding; or

(D)   The court  otherwise  finds  that such  guardian  or  conservator  has committed misconduct or has acted contrary to the best interest of the minor or ward;

(4) By the county of the court exercising jurisdiction over any such proceeding, provided that the judge who actually  presided over the hearing includes a finding  in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), (3), or (5) of this subsection appears to lack  sufficient  assets to defray such costs, compensation, fees, and expenses;

(5) By any party or other person subject to the jurisdiction  of the court who has been the perpetrator of abuse, neglect, or exploitation  against the person or property of the minor, proposed ward, or ward, provided that the judge who actually  presided over the hearing includes  a finding  in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or

(6) From any property, fund, or proceeds recovered on behalf of or in favor of a minor or ward in accordance with an order of the court assessing such costs, compensation,  fees, and expenses against such property, fund, or proceeds.

d) An award of costs, compensation, fees, and expenses under this Code section may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt." (

SECTION 28.

Said title is further amended by revising  subsection (c) of and adding a new subsection to Code Section 29-9-11, relating to verification of petitions and returns and consolidation  and transfer of proceedings, as follows:

"(c)   If the petition for the appointment of a guardian or a conservator  of a minor or a proposed ward is originally filed in the court of the county in which the minor or proposed ward is found, on motion of either party, if found by such court to be appropriate, the case may be transferred to the court of the county of the minor's or proposed ward's domicile. (d) If the petition for the appointment of a guardian or a conservator of a proposed ward is originally filed in the court of the county in which  the proposed ward is found or in which jurisdiction is otherwise proper under Code Section 29-11-12,  on motion of either party, if found by such court to be appropriate and unless otherwise provided by Chapter

11 of this title, the case may be transferred to the court of the county of the proposed ward's domicile."

SECTION 29.

Said title is further amended by revising Code Section 29-9-13.1, relating to authentication of documents, as follows:  "29-9-13.1.

Whenever  it is required  that  a  document  which that  is to  be  filed in the  court  be authenticated  or  exemplified,   such  requirement shall be  met  by complying  with the provisions of Code Section  24-9-922  and paragraphs (1) through (4) of Code Section

24-9-902,  and such full faith and credit shall be given  to the document as is provided in such Code sections."

SECTION 30.

Said title is further amended by revising Code Section 29-9-15,  relating to compensation for legal counsel or guardian ad litem, as follows:  "29-9-15.

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.

(a) 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.

(b) 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 petitioners,  or any  other party to any  proceeding  brought pursuant to the provisions  of said chapters.  Such awards may be made 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.

(c)  All fees and expenses awarded under subsection (a) or (b) of this Code section shall be assessed in accordance with the provisions  of Code Section 29-9-3."

SECTION 31.

Said title is further amended by revising Code Section 29-9-16,  relating to compensation to physicians, psychologists, or licensed clinical  social workers, as follows:  "29-9-16.

(a) For the evaluation or examination required by subsection (d) of Code Section 29-4-11 or, subsection (c) of Code Section 29-4-15,  subsection (b) of Code Section 29-4-42, subsection (d) of Code Section 29-5-11,  subsection (c) of Code  Section  29-5-15,  or subsection (b) of Code Section 29-5-71,  the evaluating physician,  psychologist,  or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses.

(b)  For  the In the event  the attendance  of the evaluating  physician,  psychologist,  or licensed clinical social worker shall be required by the court for a hearing under subsection (d) of Code Section 29-4-12 or, subsection (a) of Code Section 29-4-16,  subsection (b) of Code Section 29-4-42,  subsection (d) of Code Section 29-5-12,  subsection (a) of Code Section  29-5-16,  or subsection (b) of Code  Section  29-5-71,   other than pursuant to a subpoena requested by a party to the proceeding,  the evaluating physician, psychologist, or licensed clinical social worker shall receive an amount not to exceed $75.00 a reasonable fee commensurate with the task performed, plus actual expenses.

(c) All fees and expenses payable under subsection (a) or (b) of this Code section shall be assessed by the court and paid in accordance with the provisions  of Code Section 29-9-3."

SECTION 32.

Said title is further amended by revising Code Section 29-9-18,  relating to sealing of records on conservatorship or guardianship, as follows: "29-9-18.

(a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title  and all of the records relating  to any  adult guardianship  or conservatorship  transferred or accepted under Article  3 of Chapter 11 of this title shall be kept sealed, except for a record  of the names  and addresses  of the minor,  ward,  and guardian or conservator and their legal  counsel of record  and the date dates of filing, granting,  and terminating, transferring, and accepting  the guardianship  or conservatorship. The sealed records may be examined by the ward and the ward's legal counsel,; the minor, the minor's parents, and the minor's legal counsel,; the guardian or conservator  and the guardian guardian's or conservator's legal  counsel,;  and any surety for the guardian or conservator and legal counsel for the surety at any time.

(b)  A Except  as otherwise provided in subsection (b) of Code Section 29-11-5  and in subsection (c) of this Code section, a request by other interested parties to examine  the sealed records shall be by petition to the court, and the ward and guardian or conservator shall have at least 30 days' prior written notice of a hearing on the petition; provided, however,  that for good cause shown to the court, the court may shorten such notice period or grant the petition without notice.  The matter shall come before the court in chambers. The order allowing   access shall  be granted upon a finding  that the public  interest in granting access to the sealed records clearly  outweighs the harm otherwise resulting to the privacy  of the person in interest, and the court shall limit  the portion of the file to which access is granted to that which  is required to meet the legitimate  needs of the petitioner. The court, in its discretion,  may assess and award costs, compensation, fees, and expenses for a proceeding under this subsection in accordance with the provisions of Code Section 9-9-3.

(c) To the extent reasonably required to facilitate any communication or fulfill any request to take any action pursuant to Chapter 11 of this title, a court of this state may disclose the records referred to in subsection (a) of this Code section to a court of another state."

SECTION 33.

Said title is further amended by revising Code Section 29-11-30,  relating to registration of guardianship  order from another state, as follows:  "29-11-30.

(a) If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

(b) Upon registration of a guardianship order from another state in the manner provided in subsection (a) of this  Code  section,  the probate court of this  state in which  such guardianship order is registered shall:

(1) Record the certified copies of the order and letters of office in the book required to be kept by subparagraph (a)(8)(B) of Code Section 15-9-37; and

(2)  Treat the registered and recorded order as a filed  foreign judgment as provided in Code Section 9-12-132.

(c)(1) The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction  Act' in substantially the same form as this chapter.

(2)  The provisions of paragraph (2) of subsection (b) of this Code section shall apply only if the other state has adopted the 'Uniform Enforcement of Foreign Judgments Law' in substantially the same form as Article 6 of Chapter 12 of title 9."

SECTION 34.

Said title is further amended by revising Code Section 29-11-31,  relating to registration of conservatorship  order from another state, as follows: "29-11-31.

(a) If a conservator has been appointed in another state and a petition for a conservatorship order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the conservatorship order in this state by filing  as a foreign judgment in a court of this state, in any county in which property belonging  to the protected person is located, certified copies of the order and letters of office and of any bond.

(b) Upon registration of a conservatorship order from another state in the manner provided in subsection (a) of this  Code  section,  the probate court of this  state in which  such conservatorship order is registered shall:

(1) Record the certified copies of the order and letters of office in the book required to be kept by subparagraph (a)(8)(B) of Code Section 15-9-37;

(2)   Record  the certified  copy of any bond  in the  books  required  to  be  kept  by subparagraph (a)(8)(C) of Code Section 15-9-37  and by subsection (c) of code Section 29-5-40;  and

(3)  Treat the registered and recorded order as a filed  foreign judgment as provided in Code Section 9-12-132.

(c)(1) The provisions of this Code section shall apply only if the other state has adopted the 'Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction  Act' in substantially the same form as this chapter.

(2)  The provisions of paragraph (3) of subsection (b) of this Code section shall apply only if the other state has adopted the 'Uniform Enforcement of Foreign Judgments Law' in substantially the same form as Article 6 of Chapter 12 of Title 9."

SECTION 35.

Said title is further amended by revising Code Section 29-11-32,  relating to exercise of powers authorized and enforcement, as follows: "29-11-32.

(a) Upon registration and recording of a guardianship order or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws  of this state, including maintaining  actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.

(b)  A court of this state may grant any relief available  under this chapter, Article  4 of Chapter 4 of this title, Part 4 of Article 9 of Chapter 4 of this title, Article 5 of Chapter 5 of this title, Part 4 of Article 13 of Chapter 5 of this title, and other law of this state to enforce a registered and recorded order.

(c)(1) The provisions  of subsections (a) and (b) of Code Section 9-12-133 shall not apply to this article.

(2)  Unless otherwise required by this chapter, service of notice shall not be required under  this article  as  a  condition   precedent  to  the  registration  and  recording  of a guardianship   order   from another   state   under   Code Section 29-11-30 or   of  a conservatorship   order  from  another  state  under  Code Section  29-11-31;  provided, however, that the judge of a court of this state may direct such service or notice of such registration and recording as the judge may determine to be proper."

SECTION 36.

Title 9 of the Official  Code of Georgia Annotated, relating to civil practice, is amended by adding a new subsection to Code Section 9-12-133,  relating to filing  of foreign judgment, to read as follows:

"(d)  The provisions of subsections (a) and (b) of this Code  section  shall  not apply  to the registration of a guardianship  order or conservatorship   order from  another state under Article 4 of Chapter 11 of Title 29."

SECTION 37.

Said title is further amended by adding a new subsection to Code Section 9-12-134, relating to appeal or stay of foreign judgment, to read as follows:

"(c)   With respect to a guardianship  order or conservatorship  order from  another state registered and recorded under Article  4 of Chapter 11 of Title 29, nothing in subsection (a) or (b) of this Code section shall prevent an appropriate court from taking  any action permitted by subsection (d) of Code Section 29-4-70,  subsection (d) of Code Section 29-5-110, or Articles 1 and 2 of Chapter 11 of Title 29."

SECTION 38.

Said title is further amended by revising Code Section 9-12-135, relating to clerk's fees for filing  foreign judgments, as follows:  29-12-135.

(a) A person filing  a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77;  provided, however, that a person registering  a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29 shall pay to the probate court in which such order is registered the same sums as in adult guardianship matters in probate court as provided in paragraph (1) of subsection (g) of Code Section 15-9-60.

(b) Fees for other enforcement proceedings shall be as otherwise provided by law."

 

 

SECTION 39.

Chapter 9 of Title 15 of the Official Code of Georgia  Annotated,  relating  to the probate courts, is amended by revising  subsection (a) of Code Section 15-9-34, relating to contempt powers, as follows:

"(a)  The judge of the probate court shall have power to enforce obedience to all lawful orders of his or her court, including  a guardianship order or conservatorship order from another state that has been registered with and recorded by the probate court under Article 4 of Chapter 11 of Title 29, by attachment for contempt  under the same rules  as are provided for other courts."

SECTION 40.

Said chapter is further amended by adding  a new subsection to Code  Section  15-9-35, relating to the power to cite absconding fiduciaries,  to read as follows:

"(c)  With  respect to a guardianship order or conservatorship  order from another state that has been registered with and recorded by the probate court under Article 4 of Chapter 11 of Title  29, in addition to any action such court may take under subsection (a) of this Code section or under subsection (b) of Code Section 29-11-32, the judge of the probate court may communicate with the appointing court in such other state under subsection (a) of Code Section 29-11-4  to inform such appointing court of the citation to appear issued by such judge under subsection (a) of this Code section, stating the reasons therefor."

SECTION 41.

Said chapter is further amended by revising  subparagraphs (a)(8)(B) and (a)(8)(C) of Code Section 15-9-37, relating to duties of clerks or probate judges acting as clerks,  as follows: "(B)  Record of all letters of administration and, letters of conservatorship, letters of guardianship,  letters testamentary, and other letters of office  of fiduciaries  issued by or registered with the court;  

(C)    Record  of all bonds  given by administrators,  conservators,  executors,  and guardians, and other fiduciaries  appointed by the court or for whom a guardianship order or conservatorship  order has been registered with and recorded by the court under Article 4 of Chapter 11 of Title 29;"

SECTION 42.

Title 53 of the  Official Code of Georgia   Annotated,  relating  to  wills, trusts,  and administration of estates, is amended by revising subsections (a), (b), and (d) of Code Section

53-11-2, relating to "guardian"  defined, persons represented, appointment, successors, and guardian named in petitions, as follows:

"(a)   As used  in this  Code  section,  the term 'guardian'  means the guardian  ad litem appointed by the probate court who may represent a single party or more than one party or a class of parties with common or nonadverse interests; 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 guardian conservator of the property, if any, or the duly constituted guardian of the person, if any, has no conflict  of interest and thus may represent for the purpose of the proceeding a party who is not sui juris, who is unborn, or who is unknown.

(b)  When  a party to a proceeding  in the probate court is not sui juris, is unborn, or is unknown,  that such party shall be represented in the proceeding  by a guardian.   Service upon or notice to a guardian shall constitute service upon or notice to the party represented, and except as provided in subsection (a) of Code Section 15-9-17, no additional service upon or notice to such party shall be required.   Waivers,  acknowledgments, consents, answers,  objections,   or  other  documents  executed  by the  guardian  shall, except  as otherwise provided in Code Section 15-9-17,  be binding upon the party represented." "(d)(1)  In every petition filed in the probate court, the petitioner shall specify  the name of each party who requires a guardian and the name and address of any person who is acting as guardian of the party. A copy of the letters appointing  the guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such guardian to act; provided, however, that.

(2)  The authority of a guardian to act may be established under paragraph (1) of this subsection by showing:

(i)   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;

(ii)  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;

(iii)  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;

(iv)  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

(v)  The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29.

(3)  Notwithstanding  the provisions  of paragraphs (1) and (2) of this subsection,  the probate court may take judicial  notice of the issuance of such letters or of such authority 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."

SECTION 43.

Said title is further amended by revising  subsection (a) of Code Section 53-13-20, relating to access to digital  assets by conservator, as follows:

"(a)  After  an opportunity for a hearing under paragraph (2) of subsection (b) or (c) of Code Section 29-3-22  or paragraph (2) of under subsection (b) or (c) of Code Section 29-5-23, the court may grant a conservator access to the digital  assets of a protected person."

SECTION 44.

All laws and parts of laws in conflict  with this Act are repealed.