23 LC 48 0877S
H. B. 144 (SUB)
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The House Committee on Juvenile Justice offers the following substitute to HB 144:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to1
guardians of adults, so as to provide for the communication rights of the ward; to provide for2
penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4
SECTION 1.5
Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of6
adults, is amended by revising paragraph (4) of subsection (a) of Code Section 29-4-20,7
relating to rights of the ward, and impact on voting and testamentary capacity, as follows:8
"(4) Communicate freely and privately with persons other than the guardian through9
visitation, telephone calls, email, or personal mail, except as otherwise ordered by a court10
of competent jurisdiction;"11
SECTION 2.12 23 LC 48 0877S
H. B. 144 (SUB)
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Said chapter is further amended by adding a new subsection to Code Section 29-4-22,13
relating to decisions on ward's well-being, obligations of guardian, and liability of guardian,14
to read as follows:15
"(d) Upon a violation of subsection (b) of this Code section, the ward or any interested16
party may petition the court with evidence alleging that the guardian has violated the ward's17
right and ability to communicate, visit, or interact with another. Should the court find that18
such violation has occurred, the court shall impose a fine of up to $1,000.00 for each such19
violation. After two such violations have been reported and subjected to a ruling by the20
court, the court may impose temporary suspension of the guardianship and appoint another21
guardian until such violations are resolved."22
SECTION 3.23
All laws and parts of laws in conflict with this Act are repealed.24