29-9-15. Compensation for legal counsel or guardian ad litem.

Active

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

(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 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.#
(c)
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.#

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, § 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; Ga. L. 2025, p. 806, § 20/HB 327, effective July 1, 2025.

Amendments

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). The 2025 amendment, effective July 1, 2025, substituted “chapters as directed” for “chapters. As directed” in subsection (b).

Law reviews

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

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 t27-t30-(v22)-pdf.pdf, Volume V22, 2018 edition, 2025 supplement, pages 241 to 242; merge action: replaced; file SHA-256 b54071b79715.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.