HB 339 - Paternity petition; appointment of guardian ad litem
Georgia House of Representatives - 1995/1996 Sessions
HB 339 - Paternity petition; appointment of guardian ad litem
Page Numbers - 1/ 2/ 3/ 4
Code Sections - 29-1-2
1. Barnes 33rd
House Comm: Judy / Senate Comm: Judy /
House Vote: Yeas 113 Nays 0 Senate Vote: Yeas 48 Nays 0
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House Action Senate
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1/23/95 Read 1st Time 2/27/95
1/24/95 Read 2nd Time 3/14/95
2/7/95 Favorably Reported 3/14/95*
Sub Committee Amend/Sub
Recommitted 1/8/96
2/22/95 Read 3rd Time 1/8/96
2/22/95 Passed/Adopted 3/15/96
CS Comm/Floor Amend/Sub FA
3/18/96 Amend/Sub Disagreed To
3/18/96 Insists 3/18/96
3/18/96 Conf Comm Appointed 3/18/96
3/18/96 Conf Comm Rep Adopted 3/18/96
4/2/96 Sent to Governor
4/15/96 Signed by Governor
909 Act/Veto Number
7/1/96 Effective Date
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Postponed by the House 2/21 Until 2/22/95
Favorably Reported 3/14/96
Code Sections amended: 19-7-44, 29-1-2, 29-5-6, 29-5-13
HB 339 HB 339/AP
H. B. No. 339 (AS PASSED HOUSE AND SENATE)
By: Representative Barnes of the 33rd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Code Section 19-7-44 of the Official Code of
1- 2 Georgia Annotated, relating to parties to actions for
1- 3 determination of paternity and guardians ad litem, so as to
1- 4 delete certain provisions relating to the child being made a
1- 5 party to a paternity action and the appointment of a
1- 6 guardian or guardian ad litem; to provide that the court
1- 7 may, in its discretion, appoint a guardian ad litem to
1- 8 represent a minor child who is the subject of a paternity
1- 9 petition; to provide for payment; to amend Chapters 1 and 5
1-10 of Title 29 of the Official Code of Georgia Annotated,
1-11 relating respectively to general provisions relative to
1-12 guardians and guardians of incapacitated adults, so as to
1-13 prohibit the same person from being appointed counsel and
1-14 guardian ad litem for a ward, proposed ward, or allegedly
1-15 incompetent or incapacitated person; to strike provisions
1-16 relating to payment of a person who serves both functions
1-17 for a ward, proposed ward, or allegedly incapacitated or
1-18 incompetent person; to provide for related matters; to
1-19 repeal conflicting laws; and for other purposes.
1-20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-21 Code Section 19-7-44 of the Official Code of Georgia
1-22 Annotated, relating to parties to actions for determination
1-23 of paternity and guardians ad litem, is amended by striking
1-24 subsection (a) of said Code section and inserting in lieu
1-25 thereof a new subsection (a) to read as follows:
1-26 "(a) The child shall be made a party to the action. If
1-27 the child is a minor, the child shall be represented by a
1-28 guardian ad litem appointed by the court. If the
1-29 Department of Human Resources is the petitioner, and the
1-30 court determines that no conflict of interest exists, the
1-31 court need not appoint a guardian. The court may, in its
1-32 discretion, appoint a guardian ad litem to represent a
1-33 minor child who is the subject of a paternity petition.
1-34 Payment of the guardian ad litem shall be as ordered by
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HB 339/AP
2- 1 the court. Neither the child's mother nor the alleged or
2- 2 presumed father may represent the child as guardian ad
2- 3 litem."
SECTION 2.
2- 4 Chapter 1 of Title 29 of the Official Code of Georgia
2- 5 Annotated, relating to general provisions relative to
2- 6 guardians, is amended by inserting a new Code section to be
2- 7 designated Code Section 29-1-2 to read as follows:
2- 8 "29-1-2. (Index)
2- 9 Notwithstanding any other provision of law, a person who
2-10 is appointed as counsel for a ward, proposed ward, or
2-11 allegedly incompetent or incapacitated person is not
2-12 eligible to be appointed as guardian ad litem for the same
2-13 individual, and a person who is appointed as guardian ad
2-14 litem for a ward, proposed ward, or allegedly incompetent
2-15 or incapacitated person is not eligible to be appointed as
2-16 counsel for the same individual."
SECTION 3.
2-17 Chapter 5 of Title 29 of the Official Code of Georgia
2-18 Annotated, relating to guardians of incapacitated adults, is
2-19 amended by striking in its entirety subsection (b) of Code
2-20 Section 29-5-6, relating to procedures for appointing
2-21 guardians, and inserting in lieu thereof a new subsection to
2-22 read as follows:
2-23 "(b)(1) Upon the filing of the petition, the judge of
2-24 the probate court shall review the petition and
2-25 affidavit, if any, and determine whether there is
2-26 sufficient evidence to believe that the proposed ward is
2-27 incapacitated within the meaning of Code Section 29-5-1.
2-28 (2) If the judge of the probate court determines that
2-29 there is such evidence, the judge shall:
2-30 (A) Immediately notify the proposed ward of the
2-31 proceedings by personal service of all pleadings on
2-32 the proposed ward by an officer of the court;
2-33 (B) Inform the proposed ward of the place and time at
2-34 which the proposed ward shall submit to the evaluation
2-35 provided for by subsection (c) of this Code section
2-36 and of the right to independent counsel and that the
2-37 court will appoint counsel within two days unless the
2-38 proposed ward indicates that he or she has retained
2-39 counsel by that time;
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3- 1 (C) Give notice of the petition by first-class mail to
3- 2 the spouse and all adult children of the proposed ward
3- 3 whose addresses are known; or, if none, order notice
3- 4 of the petition by first-class mail to the two next of
3- 5 kin whose addresses are known, or, if only one, then
3- 6 that one; or, if none, order notice of the petition by
3- 7 first-class mail to two adult friends of the ward;
3- 8 (D) Upon application of any interested person or on
3- 9 the court's own motion, consider whether to appoint a
3-10 guardian ad litem, provided that the decision as to
3-11 whether to appoint a guardian ad litem shall be in the
3-12 sole discretion of the judge of the probate court.
3-13 The guardian ad litem, if an attorney, may also be
3-14 appointed as counsel for the proposed ward, as
3-15 provided in subparagraph (B) of this paragraph; and in
3-16 such a case the person so appointed may be compensated
3-17 both as the attorney and as the guardian ad litem, as
3-18 provided in subsections (e) and (f) of Code Section
3-19 29-5-13; and
3-20 (E) Appoint a guardianship evaluation physician or
3-21 psychologist as provided in subsection (c) of this
3-22 Code section.
3-23 (3) If the probate court determines that there is
3-24 insufficient evidence to believe that the proposed ward
3-25 is incapacitated within the meaning of Code Section
3-26 29-5-1, the judge shall dismiss the petition and provide
3-27 the proposed ward with a copy of the petition,
3-28 affidavit, and order of dismissal."
SECTION 4.
3-29 Said chapter is further amended by striking in its entirety
3-30 subsection (e) of Code Section 29-5-13, relating to
3-31 compensation and expenses, and inserting in lieu thereof a
3-32 new subsection to read as follows:
3-33 "(e) For any hearing under this chapter, the sum to be
3-34 paid to an attorney appointed to represent an allegedly
3-35 incapacitated person shall not exceed $75.00 and actual
3-36 expenses. In appropriate circumstances, the attorney may
3-37 apply to the judge of the probate court of the county in
3-38 which the hearing was held for an order granting
3-39 reasonable fees in excess of the amount specified in this
3-40 subsection which additional fees may only be granted
3-41 pursuant to subsection (e.1) of this Code section. If the
3-42 attorney also serves as guardian ad litem, he shall also
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4- 1 receive for his services as such the fee specified in
4- 2 subsection (f) of this Code section."
SECTION 5.
4- 3 All laws and parts of laws in conflict with this Act are
4- 4 repealed.
H. B. No. 339
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97