§ 29-9-15. Compensation for Legal Counsel or Guardian Ad Litem

1. 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.
2. 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.
3. 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.

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.

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).

Law reviews.

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