2021 Georgia Code
Title 29 - Guardian and Ward
Chapter 9 - Court Proceedings
§ 29-9-16. Compensation to Physicians, Psychologists, or Licensed Clinical Social Workers

1. For the evaluation or examination required by subsection (d) of Code Section 29-4-11, subsection (c) of Code Section 29-4-15, subsection (b) of Code Section 29-4-42, subsection (d) of Code Section 29-5-11, subsection (c) of Code Section 29-5-15, or subsection (b) of Code Section 29-5-71, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses.
2. In the event the attendance of the evaluating physician, psychologist, or licensed clinical social worker shall be required by the court for a hearing under subsection (d) of Code Section 29-4-12, subsection (a) of Code Section 29-4-16, subsection (b) of Code Section 29-4-42, subsection (d) of Code Section 29-5-12, subsection (a) of Code Section 29-5-16, or subsection (b) of Code Section 29-5-71, other than pursuant to a subpoena requested by a party to the proceeding, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses.
3. All fees and expenses payable under subsection (a) or (b) of this Code section shall be assessed by the court and paid in accordance with the provisions of Code Section 29-9-3.

(Code 1981, §29-9-16, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2019, p. 693, § 30/HB 70.)

The 2019 amendment, effective January 1, 2020, substituted the present provisions of this Code section for the former provisions, which read: "For the evaluation or examination required by subsection (d) of Code Section 29-4-11 or subsection (d) of Code Section 29-5-11, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses. For the hearing under subsection (d) of Code Section 29-4-12 or subsection (d) of Code Section 29-5-12, the evaluating physician, psychologist, or licensed clinical social worker shall receive an amount not to exceed $75.00 plus actual expenses."

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

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-5-13 are included in the annotations for this Code section.

"Expenses" in former O.C.G.A. § 29-5-13(a) are not expenses of litigation but rather are tantamount to "costs" incurred in a judicial proceeding brought pursuant to former O.C.G.A. Title 29, Chapter 5. In re Olliff, 184 Ga. App. 846, 363 S.E.2d 158 (1987), aff'd, 258 Ga. 157, 366 S.E.2d 289 (1988) (decided under former O.C.G.A. § 29-5-13).

Individual who successfully defended against a petition for guardianship was not entitled to recover expenses and attorney's fees under former O.C.G.A. § 29-5-13. In re Olliff, 184 Ga. App. 846, 363 S.E.2d 158 (1987), aff'd, 258 Ga. 157, 366 S.E.2d 289 (1988) (decided under former O.C.G.A. § 29-5-13).