§ 29-9-3 — Assessment of costs, compensation, fees, and expenses; factors; enforcement; abuse, neglect, or exploitation

(a) Except as otherwise ordered by the court under paragraph (2) of subsection (a) of Code Section 29-4-10 , under paragraph (2) of subsection (a) of Code Section 29-5-10 , or under subsection (b) of Code Section 29-11-16 , and except as otherwise provided in subsection (a) of Code Section 9-12-135 , all costs of court under Code Sections 15-9-60 and 15-9-126 or other applicable law and all compensation, fees, and expenses awarded by the court under subsections (a) and (b) of Code Section 29-9-15 , under Code Section 29-9-16 , or under subsection (b) of Code Section 29-9-18 , may be assessed and shall be paid 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 as provided in subsections (b) and (c) of this Code section. (b) In any proceeding for the appointment of a guardian or conservator pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid 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 proceeding, considering the following: (1) The estate of the minor or ward for whom a guardian or conservator is appointed in such proceeding; (2) The conduct of the petitioners in any such proceeding in which no guardianship order or conservatorship order is entered by the court; (3) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), or (4) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses; (4) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or (5) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward. (c) In all proceedings pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title other than for the appointment of a guardian or conservator, the costs, compensation, fees, and expenses provided for by subsection (a) of this Code section may be assessed and shall be paid 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, considering the following: (1) The estate of the minor or ward for whom a guardian or conservator has been appointed in any such proceeding, if the court finds that the proceeding was brought in the best interest of the minor or ward; (2) The conduct of the petitioners or movants in any such proceeding; (3) The conduct of a guardian or conservator or the surety on such guardian's or conservator's bond, subject to other applicable law governing the liability of sureties on such bonds, in any such proceeding, if: (A) Such guardian or conservator admits to a violation of any obligation of such guardian or conservator in such guardian's or conservator's representative capacity under this title or other applicable law; (B) The court finds that such guardian or conservator has committed a breach of fiduciary duty or has threatened to commit a breach of fiduciary duty; (C) The court revokes or suspends such guardian's letters of guardianship or such conservator's letters of conservatorship or imposes sanctions upon such guardian or conservator in such proceeding; or (D) The court otherwise finds that such guardian or conservator has committed misconduct or has acted contrary to the best interest of the minor or ward; (4) Whether such costs, compensation, fees, and expenses shall be paid by the county of the court exercising jurisdiction over any such proceeding, provided that the judge who actually presided over the hearing includes a finding in the order that the party against whom such costs, compensation, fees, and expenses are cast pursuant to paragraph (1), (2), (3), or (5) of this subsection appears to lack sufficient assets to defray such costs, compensation, fees, and expenses; (5) The conduct of any party or other person subject to the jurisdiction of the court who has been the perpetrator of abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward, provided that the judge who actually presided over the hearing includes a finding in the order determining that such abuse, neglect, or exploitation against the person or property of the minor, proposed ward, or ward has occurred and identifying the perpetrator thereof; or (6) Any property, fund, or proceeds recovered on behalf of or in favor of the minor or ward. (d) An award of costs, compensation, fees, and expenses under this Code section may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt. (e) For purposes of paragraph (4) of subsection (b) and paragraph (5) of subsection (c) of this Code section, "abuse, neglect, or exploitation" shall include, but shall not be limited to, the following when committed by an identified perpetrator against the person or property of the minor, proposed ward, or ward: (1) Conduct for which an additional civil penalty has been imposed under Code Section 10-1-851 after consideration of the factors enumerated in Code Section 10-1-852 ; (2) Conduct giving rise to a cause of action under Code Section 10-1-853 ; (3) Abuse, child abuse, coercion, deception, emotional abuse, exploitation, isolation, sexual abuse, or sexual exploitation as such terms are defined in Code Sections 15-11-2 , 16-5-100 , 16-5-102.1 , 30-5-3 , and 49-5-40 ; (4) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46 ; (5) Conduct in violation of Code Section 16-5-70 , 16-5-72 , 16-5-102 , 16-12-1 , 16-12-100.1 , 16-12-100.2 , or 30-5-8 ; (6) Conduct constituting neglect within the meaning of Code Section 16-5-101 or 30-5-3 ; (7) A serious violent felony as such term is defined in Code Section 17-10-6.1 ; (8) A sexual offense as such term is defined in Code Section 17-10-6.2 ; and (9) Conduct giving rise to a report, investigation, or hearing in accordance with Code Section 30-5-4 , 30-5-5 , or 31-7-9 . For purposes of this paragraph, a probate court acting under this Code section is a court of competent jurisdiction as provided for in subsection (a) of Code Section 30-5-7 .

Legislative History

Amended by 2022 Ga. Laws 742,§ 2, eff. 7/1/2022. Amended by 2019 Ga. Laws 233,§ 26, eff. 1/1/2020. Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.