Title 29, Chapter 5, Section 11
( 29-5-11)
(a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by his attorney, his representatives, or his guardian ad litem, or the petitioner may appeal from any final order of the probate court, except that portion of an order which becomes effective pursuant to division (g)(2)(B)(iii) of Code Section 29-5-8, to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. (b) All rights of appeal from the superior court shall be as
provided by law. (c) The filing of an appeal to the superior court from the judgment
of the probate court shall act as a supersedeas. (d) If, pending a trial on the appeal, an emergency situation arises within the meaning of Code Section 29-5-8, the superior court, after proper notice and hearing, may order the appointment of an emergency guardian with such powers and duties as are described in Code Section 29-5-8. |