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Georgia State Code
Title      29
Chapter       5  
Section Navigation     1 ... 9            10 ... 13      
Section<<< 10 11 12 13  
Title 29, Chapter 5, Section 13 (29-5-13)

(a) The amounts actually necessary or requisite to defray the expenses of any hearing held under this chapter, including those provided by subsections (c) through (e) of this Code section, shall be paid:

(1) From the estate of the ward if a guardianship is ordered;

(2) By the petitioner if no guardianship is ordered; or

(3) By the county in which the allegedly incapacitated person has his residence or by the county in which the hearing is held if the allegedly incapacitated person is not a resident of the state. The amounts shall be paid by the appropriate county upon the warrant of the judge of the probate court of the county where the hearing was held. Payment by the county shall be required, however, only if the person who actually presides over the hearing executes an affidavit or includes a statement in his order that the party against whom costs are cast by paragraph (1) or (2) of this subsection appears to lack sufficient assets to defray the expenses.

(b) Reserved.

(c) For the evaluation or examination required by subsection (c) of Code Section 29-5-6 and subsection (d) of Code Section 29-5-8 or authorized by division (g)(2)(B)(iv) of Code Section 29-5-8, the physician or licensed psychologist shall receive an amount not to exceed $75.00.

(d) For the hearing under subsection (e) of Code Section 29-5-6 or subsection (e) or division (g)(2)(B)(iv) of Code Section 29-5-8, the sum to be paid to the examining physician or psychologist shall not exceed $75.00 and actual expenses.

(e) For any hearing under this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall not exceed $75.00 and actual expenses. In appropriate circumstances, the attorney may apply to the judge of the probate court of the county in which the hearing was held for an order granting reasonable fees in excess of the amount specified in this subsection which additional fees may only be granted pursuant to subsection (e.1) of this Code section.

(e.1) A probate judge receiving an application for additional fees under subsection (e) of this Code section shall send a copy of that application to the person or entity responsible under subsection (a) of this Code section for paying hearing expenses and where the county is responsible for those expenses, to that county's budget officer, as defined in Code Section 36-81-2. If the person or entity to whom that application copy is sent does not file with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may award the requested additional fees with or without a hearing to obtain evidence in the matter other than that which is contained in the application. If the person or entity to whom that application copy is sent files with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may not award fees in excess of $50.00 without holding a hearing thereon and obtaining sufficient evidence at that hearing to justify the awarding of those additional fees. The person or entity objecting to the additional fees and the attorney requesting those fees shall receive prior notice of the time, date, and place of the hearing and have an opportunity to present evidence at that hearing regarding the appropriateness of the additional fees.

(f) The judge of the probate court of the county in which the hearing was held shall fix a reasonable fee for the services of the guardian ad litem.

Saturday May 23 18:42 EDT


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