15-9-17. Serving a minor or incapacitated adult.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

For effective date, see note.In force today: For effective date, see note.

(a)
Notwithstanding the provisions of Code Section 15-9-122 or any other provision of law to the contrary, in any action before the probate court in which the service of notice on a minor or an incapacitated adult is required by law or ordered by the probate court, such service of notice may be made by:#
1. (1)
  Mailing by the probate court of a copy of the document to be served to the minor or incapacitated adult by certified mail or statutory overnight delivery, return receipt requested; and#
2. (2)
  Serving the guardian of such minor or incapacitated adult if such guardian:#
  (A)
  Acknowledges receipt of such service; and#
  (B)
  Certifies that he or she has delivered a copy of the document so served to the minor or incapacitated adult.#
(b)
The acknowledgment of service and certification of such guardian and the certificate of the service by mailing on such minor or incapacitated adult shall be filed with the probate court as proof of such service of notice.#
(c)
As used in this Code section, the term ‘‘guardian’’ shall have the same meaning provided in Code Section 53-1-2.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-9-17, enacted by Ga. L. 1994, p. 725, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2018, p. 356, § 1-17/SB 436; Ga. L. 2020, p. 377, § 2-15/HB 865.

Delayed effective date

This Code section, as set out above, becomes effective January 1, 2021. For version of this Code section in effect until January 1, 2021, see the 2020 amendment note. The 2018 amendment, effective July 1, 2018, designated the existing provisions of this Code section as subsections (a) and (b). The 2020 amendment, effective January 1, 2021, in subsection (a), inserted ‘‘notice on’’, ‘‘by law or ordered by the probate court’’, and ‘‘of notice’’ in the introductory text; inserted ‘‘, return receipt requested’’ in paragraph (a)(1); and substituted ‘‘guardian’’ for ‘‘legal guardian or guardian ad litem’’ twice in paragraph (a)(2); in subsection (b), inserted ‘‘of service’’, substituted ‘‘such guardian’’ for ‘‘the legal guardian or guardian ad litem’’, inserted ‘‘service by’’, substituted ‘‘on such’’ for ‘‘to the’’, inserted ‘‘probate’’, and inserted ‘‘of notice’’ at the end; and added subsection (c).

Editor's notes

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to paragraph (1) is applicable with respect to notices delivered on or after July 1, 2000.

Law reviews

For note on the 1994 enactment of this Code section, see 11 Ga. St. U.L. Rev. 97 (1994).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 436 to 437; merge action: carried; file SHA-256 1f1f034443c3.

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