| 6 | | - | To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward,1 |
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| 7 | | - | so as to revise the list of providers who are authorized to participate in the processes for2 |
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| 8 | | - | appointment of a guardian for an adult, the modification and termination of such3 |
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| 9 | | - | guardianship, and the appointment of emergency guardian; to revise the list of providers who4 |
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| 10 | | - | are authorized to participate in the processes for appointment of a conservator for an adult,5 |
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| 11 | | - | the modification and termination of such conservatorship, and the appointment of emergency6 |
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| 12 | | - | conservator; to provide for limitations on the powers and duties of certain emergency7 |
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| 13 | | - | conservators; to revise and provide for definitions; to provide for related matters; to repeal8 |
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| 14 | | - | conflicting laws; and for other purposes.9 |
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| 15 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 16 | | - | SECTION 1.11 |
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| 17 | | - | Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is12 |
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| 18 | | - | amended by revising paragraph (10) of Code Section 29-1-1, relating to definitions, as13 |
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| 19 | | - | follows:14 |
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| 20 | | - | "(10) 'Licensed clinical social worker' means a social worker who is licensed as such in15 |
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| 21 | | - | accordance with the provisions of Chapter 10A of Title 43."16 |
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| 22 | | - | - 1 - 24 LC 49 1591S |
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| 23 | | - | SECTION 2.17 |
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| 24 | | - | Said title is further amended in Code Section 29-4-10, relating to petition for appointment18 |
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| 25 | | - | of guardian and requirements for petition, by revising paragraph (1) of subsection (c) as19 |
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| 26 | | - | follows:20 |
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| 27 | | - | "(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported21 |
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| 28 | | - | by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,22 |
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| 29 | | - | a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant23 |
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| 30 | | - | licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in24 |
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| 31 | | - | psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a marriage25 |
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| 32 | | - | and family therapist or professional counselor licensed under Chapter 10A of Title 43,26 |
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| 33 | | - | or a licensed clinical social worker, or, if the proposed ward is a patient in any federal27 |
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| 34 | | - | medical facility in which such a physician, psychologist, or physician assistant, nurse28 |
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| 35 | | - | practitioner, clinical nurse specialist in psychiatric/mental health, marriage and family29 |
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| 36 | | - | therapist, professional counselor, or licensed clinical social worker is not available, a30 |
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| 37 | | - | physician, psychologist, or physician assistant, nurse practitioner, clinical nurse specialist31 |
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| 38 | | - | in psychiatric/mental health, marriage and family therapist, professional counselor, or32 |
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| 39 | | - | licensed clinical social worker who is authorized to practice in that such federal facility."33 |
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| 40 | | - | SECTION 3.34 |
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| 41 | | - | Said title is further amended in Code Section 29-4-11, relating to prerequisite judicial finding35 |
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| 42 | | - | of probable cause, notice, petition, evaluations, and reporting requirements for appointment36 |
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| 43 | | - | for guardians for adults, by revising subsection (d) as follows:37 |
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| 44 | | - | "(d)(1) If the petition is not dismissed under pursuant to subsection (b) of this Code38 |
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| 45 | | - | section, the court shall appoint an evaluating physician evaluator who shall be a physician39 |
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| 46 | | - | licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to40 |
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| 47 | | - | practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of41 |
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| 48 | | - | Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health42 |
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| 49 | | - | - 2 - 24 LC 49 1591S |
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| 50 | | - | licensed or registered under Chapter 26 of Title 43, a marriage and family therapist or43 |
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| 51 | | - | professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical44 |
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| 52 | | - | social worker, or, if the proposed ward is a patient in any federal medical facility in which45 |
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| 53 | | - | such a physician, psychologist, or physician assistant, nurse practitioner, clinical nurse46 |
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| 54 | | - | specialist in psychiatric/mental health, marriage and family therapist, professional47 |
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| 55 | | - | counselor, or licensed clinical social worker is not available, a physician, psychologist,48 |
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| 56 | | - | or physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental49 |
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| 57 | | - | health, marriage and family therapist, professional counselor, or licensed clinical social50 |
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| 58 | | - | worker who is authorized to practice in that such federal facility, other than the physician,51 |
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| 59 | | - | psychologist, or physician assistant, nurse practitioner, clinical nurse specialist in52 |
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| 60 | | - | psychiatric/mental health, marriage and family therapist, professional counselor, or53 |
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| 61 | | - | licensed clinical social worker who completed the affidavit attached to the petition54 |
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| 62 | | - | pursuant to subsection (c) of Code Section 29-4-10.55 |
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| 63 | | - | (2) When evaluating the proposed ward, the physician, psychologist, or physician56 |
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| 64 | | - | assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,57 |
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| 65 | | - | marriage and family therapist, professional counselor, or licensed clinical social worker58 |
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| 66 | | - | shall explain the purpose of the evaluation to the proposed ward. The proposed ward may59 |
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| 67 | | - | remain silent. Any statements made by the proposed ward during the evaluation shall be60 |
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| 68 | | - | privileged and shall be inadmissable as evidence in any proceeding other than a61 |
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| 69 | | - | proceeding under this chapter. The proposed ward's legal counsel shall have the right to62 |
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| 70 | | - | be present but shall not participate in the evaluation.63 |
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| 71 | | - | (3) The evaluation shall be conducted with as little interference with the proposed ward's64 |
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| 72 | | - | activities as possible. The evaluation shall take place at the place and time set in the65 |
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| 73 | | - | notice to the proposed ward and the his or her legal counsel and the time set shall not be66 |
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| 74 | | - | sooner than the fifth day after the service of notice on the proposed ward. The court,67 |
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| 75 | | - | however, shall have the exclusive power to change the place and time of the examination68 |
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| 76 | | - | at any time upon reasonable notice being given to the proposed ward and to his or her69 |
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| 77 | | - | - 3 - 24 LC 49 1591S |
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| 78 | | - | legal counsel. If the proposed ward fails to appear, the court may order that the proposed70 |
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| 79 | | - | ward be taken directly to and from a medical facility or the office of the physician,71 |
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| 80 | | - | psychologist, or physician assistant, nurse practitioner, clinical nurse specialist in72 |
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| 81 | | - | psychiatric/mental health, marriage and family therapist, professional counselor, or73 |
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| 82 | | - | licensed clinical social worker for purposes of evaluation only. The evaluation shall be74 |
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| 83 | | - | conducted during the normal business hours of the facility or office and the proposed75 |
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| 84 | | - | ward shall not be detained in the facility or office overnight. The evaluation may include,76 |
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| 85 | | - | but not be limited to:77 |
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| 86 | | - | (A) A self-report from the proposed ward, if possible;78 |
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| 87 | | - | (B) Questions and observations of the proposed ward to assess the functional abilities79 |
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| 88 | | - | of the proposed ward;80 |
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| 89 | | - | (C) A review of the records for the proposed ward, including, but not limited to,81 |
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| 90 | | - | medical records, medication charts, and other available records;82 |
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| 91 | | - | (D) An assessment of cultural factors and language barriers that may impact the83 |
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| 92 | | - | proposed ward's abilities and living environment; and84 |
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| 93 | | - | (E) All other factors the evaluator determines to be appropriate to the evaluation.85 |
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| 94 | | - | (4) A written report shall be filed with the court no later than seven days after the86 |
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| 95 | | - | evaluation, and the court shall serve a copy of the report by first-class mail upon the87 |
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| 96 | | - | proposed ward and the proposed ward's legal counsel and, if any, the guardian ad litem88 |
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| 97 | | - | if appointed.89 |
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| 98 | | - | (5) The report shall be signed under oath by the physician, psychologist, or licensed90 |
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| 99 | | - | clinical social worker evaluator and shall:91 |
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| 100 | | - | (A) State the circumstances and duration of the evaluation, including a summary of92 |
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| 101 | | - | questions or tests utilized, and the elements of the evaluation;93 |
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| 102 | | - | (B) List all persons and other sources of information consulted in evaluating the94 |
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| 103 | | - | proposed ward;95 |
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| 104 | | - | - 4 - 24 LC 49 1591S |
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| 105 | | - | (C) Describe the proposed ward's mental and physical state and condition, including96 |
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| 106 | | - | all observed facts considered by the physician or psychologist or licensed clinical social97 |
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| 107 | | - | worker evaluator;98 |
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| 108 | | - | (D) Describe the overall social condition of the proposed ward, including support, care,99 |
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| 109 | | - | education, and well-being; and100 |
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| 110 | | - | (E) Describe the needs of the proposed ward and their foreseeable duration.101 |
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| 111 | | - | (6) The proposed ward's legal counsel may file a written response to the evaluation,102 |
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| 112 | | - | provided the response is filed no later than the date of the commencement of the hearing103 |
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| 113 | | - | on the petition for guardianship. The response may include, but is not limited to,104 |
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| 114 | | - | independent evaluations, affidavits of individuals with personal knowledge of the105 |
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| 115 | | - | proposed ward, and a statement of applicable law."106 |
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| 116 | | - | SECTION 4.107 |
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| 117 | | - | Said title is further amended in Code Section 29-4-14, relating to petition for appointment108 |
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| 118 | | - | of emergency guardian of an adult and requirements of petition, by revising paragraph (1)109 |
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| 119 | | - | of subsection (d) as follows:110 |
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| 120 | | - | "(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported111 |
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| 121 | | - | by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,112 |
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| 122 | | - | a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant113 |
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| 123 | | - | licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in114 |
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| 124 | | - | psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a marriage115 |
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| 125 | | - | and family therapist or professional counselor licensed under Chapter 10A of Title 43,116 |
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| 126 | | - | or a licensed clinical social worker, or, if the proposed ward is a patient in any federal117 |
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| 127 | | - | medical facility in which such a physician, psychologist, or physician assistant, nurse118 |
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| 128 | | - | practitioner, clinical nurse specialist in psychiatric/mental health, marriage and family119 |
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| 129 | | - | therapist, professional counselor, or licensed clinical social worker is not available, a120 |
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| 130 | | - | physician, psychologist, or physician assistant, nurse practitioner, clinical nurse specialist121 |
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| 131 | | - | - 5 - 24 LC 49 1591S |
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| 132 | | - | in psychiatric/mental health, marriage and family therapist, professional counselor, or122 |
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| 133 | | - | licensed clinical social worker authorized to practice in that such federal facility."123 |
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| 134 | | - | SECTION 5.124 |
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| 135 | | - | Said title is further amended in Code Section 29-4-15, relating to prerequisite findings prior125 |
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| 136 | | - | to appointment of emergency guardian, evaluation, notice, and hearing, by revising126 |
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| 137 | | - | subsection (c) as follows:127 |
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| 138 | | - | "(c) If the court determines that there is probable cause to believe that the proposed ward128 |
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| 139 | | - | is in need of an emergency guardian, the court shall:129 |
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| 140 | | - | (1) Immediately appoint legal counsel to represent the proposed ward at the emergency130 |
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| 141 | | - | hearing, which counsel may be the same counsel who is appointed to represent the131 |
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| 142 | | - | proposed ward in the hearing on the petition for guardianship or conservatorship, if any132 |
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| 143 | | - | such petition has been filed, and shall inform counsel of the appointment;133 |
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| 144 | | - | (2) Order an emergency hearing to be conducted not sooner than three days nor later than134 |
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| 145 | | - | five days after the filing of the petition;135 |
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| 146 | | - | (3) Order an evaluation of the proposed ward by a physician an evaluator who shall be136 |
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| 147 | | - | a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist137 |
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| 148 | | - | licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under138 |
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| 149 | | - | Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in139 |
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| 150 | | - | psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a marriage140 |
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| 151 | | - | and family therapist or professional counselor licensed under Chapter 10A of Title 43,141 |
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| 152 | | - | or a licensed clinical social worker, other than the physician, psychologist, or physician142 |
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| 153 | | - | assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,143 |
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| 154 | | - | marriage and family therapist, professional counselor, or licensed clinical social worker144 |
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| 155 | | - | who completed the affidavit attached to the petition pursuant to paragraph (1) of145 |
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| 156 | | - | subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72146 |
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| 157 | | - | hours of the time the order was issued and a written report shall be furnished to the court147 |
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| 158 | | - | - 6 - 24 LC 49 1591S |
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| 159 | | - | and made available to the parties within this time frame, which evaluation and report148 |
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| 160 | | - | shall be governed by the provisions of subsection (d) of Code Section 29-4-11;149 |
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| 161 | | - | (4) Immediately notify the proposed ward of the proceedings by service of all pleadings150 |
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| 162 | | - | on the proposed ward, which notice shall:151 |
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| 163 | | - | (A) Be served personally on the proposed ward by an officer of the court and shall not152 |
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| 164 | | - | be served by mail;153 |
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| 165 | | - | (B) Inform the proposed ward that a petition has been filed to have an emergency154 |
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| 166 | | - | guardian appointed for the proposed ward, that the proposed ward has the right to attend155 |
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| 167 | | - | any hearing that is held, and that, if an emergency guardian is appointed, the proposed156 |
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| 168 | | - | ward may lose important rights to control the management of the proposed ward's157 |
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| 169 | | - | person;158 |
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| 170 | | - | (C) Inform the proposed ward of the place and time at which the proposed ward shall159 |
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| 171 | | - | submit to the evaluation provided for by paragraph (3) of this subsection;160 |
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| 172 | | - | (D) Inform the proposed ward of the appointment of legal counsel; and161 |
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| 173 | | - | (E) Inform the proposed ward of the date and time of the hearing on the emergency162 |
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| 174 | | - | guardianship; and163 |
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| 175 | | - | (5) Appoint an emergency guardian to serve until the emergency hearing, with or without164 |
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| 176 | | - | prior notice to the proposed ward, if the threatened risk is so immediate and the potential165 |
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| 177 | | - | harm so irreparable that any delay is unreasonable and the existence of the threatened risk166 |
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| 178 | | - | and potential for irreparable harm is certified by the affidavit of a physician licensed to167 |
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| 179 | | - | practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under168 |
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| 180 | | - | Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a169 |
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| 181 | | - | nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or170 |
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| 182 | | - | registered under Chapter 26 of Title 43, a marriage and family therapist or professional171 |
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| 183 | | - | counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker.172 |
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| 184 | | - | Appointment of an emergency guardian under this paragraph is not a final determination173 |
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| 185 | | - | of the proposed ward's need for a nonemergency guardian. Any emergency guardian174 |
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| 186 | | - | - 7 - 24 LC 49 1591S |
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| 187 | | - | appointed under this paragraph shall have only those powers and duties specifically175 |
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| 188 | | - | enumerated in the letters of emergency guardianship, and the powers and duties shall not176 |
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| 189 | | - | exceed those absolutely necessary to respond to the immediate threatened risk to the177 |
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| 190 | | - | ward."178 |
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| 191 | | - | SECTION 6.179 |
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| 192 | | - | Said title is further amended in Code Section 29-4-41, relating to modification of180 |
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| 193 | | - | guardianship, by revising subsection (b) as follows:181 |
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| 194 | | - | "(b) If the petition for modification alleges a significant change in the capacity of the ward,182 |
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| 195 | | - | it must be supported either by the affidavits of two persons who have knowledge of the183 |
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| 196 | | - | ward, one of whom may be the petitioner, or of a physician licensed to practice medicine184 |
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| 197 | | - | under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title185 |
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| 198 | | - | 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or186 |
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| 199 | | - | clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter187 |
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| 200 | | - | 26 of Title 43, a marriage and family therapist or professional counselor licensed under188 |
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| 201 | | - | Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting189 |
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| 202 | | - | facts and determinations. If, after reviewing the petition and the affidavits, the court190 |
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| 203 | | - | determines that there is no probable cause to believe that there has been a significant191 |
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| 204 | | - | change in the capacity of the ward, the court shall dismiss the petition. If the petition is not192 |
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| 205 | | - | dismissed, the court shall order that an evaluation be conducted, in accordance with the193 |
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| 206 | | - | provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation194 |
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| 207 | | - | report, the court finds that there is no probable cause to believe that there has been a195 |
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| 208 | | - | significant change in the capacity of the ward, the court shall dismiss the petition. If the196 |
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| 209 | | - | petition is not dismissed, the court shall schedule a hearing, with notice as the court deems197 |
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| 210 | | - | appropriate."198 |
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| 211 | | - | - 8 - 24 LC 49 1591S |
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| 212 | | - | SECTION 7.199 |
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| 213 | | - | Said title is further amended in Code Section 29-4-42, relating to termination of200 |
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| 214 | | - | guardianship, required evidence, burden of proof, and return of property, by revising201 |
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| 215 | | - | subsection (b) as follows:202 |
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| 216 | | - | "(b) A petition for termination must be supported either by the affidavits of two persons203 |
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| 217 | | - | who have knowledge of the ward, one of whom may be the petitioner, or of a physician204 |
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| 218 | | - | licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to205 |
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| 219 | | - | practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of206 |
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| 220 | | - | Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health207 |
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| 221 | | - | licensed or registered under Chapter 26 of Title 43, a marriage and family therapist or208 |
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| 222 | | - | professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social209 |
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| 223 | | - | worker, setting forth the supporting facts and determinations. If, after reviewing the210 |
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| 224 | | - | petition and the affidavits, the court determines that there is no probable cause to believe211 |
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| 225 | | - | that the guardianship should be terminated, the court shall dismiss the petition. If the212 |
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| 226 | | - | petition is not dismissed, the court shall order that an evaluation be conducted, in213 |
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| 227 | | - | accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after214 |
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| 228 | | - | reviewing the evaluation report, the court finds that there is no probable cause to believe215 |
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| 229 | | - | that the guardianship should be terminated, the court shall dismiss the petition. If the216 |
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| 230 | | - | petition is not dismissed, the court shall schedule a hearing, with such notice as the court217 |
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| 231 | | - | deems appropriate."218 |
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| 232 | | - | SECTION 8.219 |
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| 233 | | - | Said title is further amended in Code Section 29-4-70, relating to right of ward to appeal,220 |
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| 234 | | - | procedure, and appointment of emergency guardian, by revising subsection (d) as follows:221 |
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| 235 | | - | "(d) Pending any appeal, the superior court or a probate court that is described in222 |
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| 236 | | - | paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such223 |
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| 237 | | - | powers and duties as are described in Code Section 29-4-16; provided, however, that an224 |
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| 238 | | - | - 9 - 24 LC 49 1591S |
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| 239 | | - | emergency guardian may be appointed only upon the filing of an affidavit of a physician225 |
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| 240 | | - | licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to226 |
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| 241 | | - | practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of227 |
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| 242 | | - | Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health228 |
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| 243 | | - | licensed or registered under Chapter 26 of Title 43, a marriage and family therapist or229 |
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| 244 | | - | professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social230 |
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| 245 | | - | worker, setting forth the existence of the emergency circumstances described in subsection231 |
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| 246 | | - | (d) of Code Section 29-4-14 and after a hearing at which other evidence may be presented. 232 |
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| 247 | | - | The appointment of an emergency guardian is not appealable."233 |
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| 248 | | - | SECTION 9.234 |
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| 249 | | - | Said title is further amended in Code Section 29-5-10, relating to petition for appointment235 |
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| 250 | | - | of conservator and requirements of petition, by revising paragraph (1) of subsection (c) as236 |
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| 251 | | - | follows:237 |
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| 252 | | - | "(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported238 |
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| 253 | | - | by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,239 |
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| 254 | | - | a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant240 |
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| 255 | | - | licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in241 |
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| 256 | | - | psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a marriage242 |
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| 257 | | - | and family therapist or professional counselor licensed under Chapter 10A of Title 43,243 |
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| 258 | | - | or a licensed clinical social worker, or, if the proposed ward is a patient in any federal244 |
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| 259 | | - | medical facility in which such a physician, psychologist, or physician assistant, nurse245 |
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| 260 | | - | practitioner, clinical nurse specialist in psychiatric/mental health, marriage and family246 |
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| 261 | | - | therapist, professional counselor, or licensed clinical social worker is not available, a247 |
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| 262 | | - | physician, psychologist, or physician assistant, nurse practitioner, clinical nurse specialist248 |
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| 263 | | - | in psychiatric/mental health, marriage and family therapist, professional counselor, or249 |
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| 264 | | - | licensed clinical social worker authorized to practice in that such federal facility."250 |
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| 265 | | - | - 10 - 24 LC 49 1591S |
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| 266 | | - | SECTION 10.251 |
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| 267 | | - | Said title is further amended in Code Section 29-5-11, relating to prerequisite finding prior252 |
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| 268 | | - | to appointment of conservator, notice, evaluation, and written report, by revising253 |
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| 269 | | - | subsection (d) as follows:254 |
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| 270 | | - | "(d)(1) If the petition is not dismissed pursuant to subsection (b) of this Code section, the255 |
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| 271 | | - | court shall appoint an evaluating physician evaluator who shall be a physician licensed256 |
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| 272 | | - | to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice257 |
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| 273 | | - | under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43,258 |
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| 274 | | - | a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or259 |
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| 275 | | - | registered under Chapter 26 of Title 43, a marriage and family therapist or professional260 |
|---|
| 276 | | - | counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or,261 |
|---|
| 277 | | - | if the proposed ward is a patient in any federal medical facility in which such a physician,262 |
|---|
| 278 | | - | psychologist, or physician assistant, nurse practitioner, clinical nurse specialist in263 |
|---|
| 279 | | - | psychiatric/mental health, marriage and family therapist, professional counselor, or264 |
|---|
| 280 | | - | licensed clinical social worker is not available, a physician, psychologist, or physician265 |
|---|
| 281 | | - | assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,266 |
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| 282 | | - | marriage and family therapist, professional counselor, or licensed clinical social worker267 |
|---|
| 283 | | - | authorized to practice in that such federal facility other than the physician, psychologist,268 |
|---|
| 284 | | - | or physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental269 |
|---|
| 285 | | - | health, marriage and family therapist, professional counselor, or licensed clinical social270 |
|---|
| 286 | | - | worker who completed the affidavit attached to the petition pursuant to subsection (c) of271 |
|---|
| 287 | | - | Code Section 29-5-10.272 |
|---|
| 288 | | - | (2) When evaluating the proposed ward, the physician, psychologist, or physician273 |
|---|
| 289 | | - | assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,274 |
|---|
| 290 | | - | marriage and family therapist, professional counselor, or licensed clinical social worker275 |
|---|
| 291 | | - | shall explain the purpose of the evaluation to the proposed ward. The proposed ward may276 |
|---|
| 292 | | - | remain silent. Any statements made by the proposed ward during the evaluation shall be277 |
|---|
| 293 | | - | - 11 - 24 LC 49 1591S |
|---|
| 294 | | - | privileged and shall be inadmissable as evidence in any proceeding other than a278 |
|---|
| 295 | | - | proceeding under this chapter. The proposed ward's legal counsel shall have the right to279 |
|---|
| 296 | | - | be present but shall not participate in the evaluation.280 |
|---|
| 297 | | - | (3) The evaluation shall be conducted with as little interference with the proposed ward's281 |
|---|
| 298 | | - | activities as possible. The evaluation shall take place at the place and time set in the282 |
|---|
| 299 | | - | notice to the proposed ward and to his or her legal counsel and the time set shall not be283 |
|---|
| 300 | | - | sooner than the fifth day after the service of notice on the proposed ward. The court,284 |
|---|
| 301 | | - | however, shall have the exclusive power to change the place and time of the examination285 |
|---|
| 302 | | - | at any time upon reasonable notice being given to the proposed ward and to his or her286 |
|---|
| 303 | | - | legal counsel. If the proposed ward fails to appear, the court may order that the proposed287 |
|---|
| 304 | | - | ward be taken directly to and from a medical facility, office of a physician, psychologist,288 |
|---|
| 305 | | - | or physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental289 |
|---|
| 306 | | - | health, marriage and family therapist, professional counselor, or licensed clinical social290 |
|---|
| 307 | | - | worker for purposes of evaluation only. The evaluation shall be conducted during the291 |
|---|
| 308 | | - | normal business hours of the facility or office, and the proposed ward shall not be292 |
|---|
| 309 | | - | detained in the facility or office overnight. The evaluation may include, but not be293 |
|---|
| 310 | | - | limited to:294 |
|---|
| 311 | | - | (A) A self-report from the proposed ward, if possible;295 |
|---|
| 312 | | - | (B) Questions and observations of the proposed ward to assess the functional abilities296 |
|---|
| 313 | | - | of the proposed ward;297 |
|---|
| 314 | | - | (C) A review of the records for the proposed ward, including, but not limited to,298 |
|---|
| 315 | | - | medical records, medication charts, and other available records;299 |
|---|
| 316 | | - | (D) An assessment of cultural factors and language barriers that may impact the300 |
|---|
| 317 | | - | proposed ward's abilities and living environment; and301 |
|---|
| 318 | | - | (E) All other factors the evaluator determines to be appropriate to the evaluation.302 |
|---|
| 319 | | - | - 12 - 24 LC 49 1591S |
|---|
| 320 | | - | (4) A written report shall be filed with the court no later than seven days after the303 |
|---|
| 321 | | - | evaluation, and the court shall serve a copy of the report by first-class mail upon the304 |
|---|
| 322 | | - | proposed ward and the proposed ward's legal counsel and guardian ad litem, if appointed.305 |
|---|
| 323 | | - | (5) The report shall be signed under oath by the physician, psychologist, or licensed306 |
|---|
| 324 | | - | clinical social worker evaluator and shall:307 |
|---|
| 325 | | - | (A) State the circumstances and duration of the evaluation, including a summary of308 |
|---|
| 326 | | - | questions or tests utilized, and the elements of the evaluation;309 |
|---|
| 327 | | - | (B) List all persons and other sources of information consulted in evaluating the310 |
|---|
| 328 | | - | proposed ward;311 |
|---|
| 329 | | - | (C) Describe the proposed ward's mental and physical state and condition, including312 |
|---|
| 330 | | - | all observed facts considered by the physician, psychologist, or licensed clinical social313 |
|---|
| 331 | | - | worker evaluator;314 |
|---|
| 332 | | - | (D) Describe the overall social condition of the proposed ward, including support, care,315 |
|---|
| 333 | | - | education, and well-being; and316 |
|---|
| 334 | | - | (E) Describe the needs of the proposed ward and their foreseeable duration.317 |
|---|
| 335 | | - | (6) The proposed ward's legal counsel may file a written response to the evaluation,318 |
|---|
| 336 | | - | provided the response is filed no later than the date of the commencement of the hearing319 |
|---|
| 337 | | - | on the petition for conservatorship. The response may include, but is not limited to,320 |
|---|
| 338 | | - | independent evaluations, affidavits of individuals with personal knowledge of the321 |
|---|
| 339 | | - | proposed ward, and a statement of applicable law."322 |
|---|
| 340 | | - | SECTION 11.323 |
|---|
| 341 | | - | Said title is further amended in Code Section 29-5-14, relating to appointment of emergency324 |
|---|
| 342 | | - | conservator and requirements of petition, by revising paragraph (1) of subsection (d) as325 |
|---|
| 343 | | - | follows:326 |
|---|
| 344 | | - | "(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported327 |
|---|
| 345 | | - | by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,328 |
|---|
| 346 | | - | - 13 - 24 LC 49 1591S |
|---|
| 347 | | - | a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant329 |
|---|
| 348 | | - | licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in330 |
|---|
| 349 | | - | psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a marriage331 |
|---|
| 350 | | - | and family therapist or professional counselor licensed under Chapter 10A of Title 43,332 |
|---|
| 351 | | - | or a licensed clinical social worker, or, if the proposed ward is a patient in any federal333 |
|---|
| 352 | | - | medical facility in which such a physician, psychologist, or physician assistant, nurse334 |
|---|
| 353 | | - | practitioner, clinical nurse specialist in psychiatric/mental health, marriage and family335 |
|---|
| 354 | | - | therapist, professional counselor, or licensed clinical social worker is not available, a336 |
|---|
| 355 | | - | physician, psychologist, or physician assistant, nurse practitioner, clinical nurse specialist337 |
|---|
| 356 | | - | in psychiatric/mental health, marriage and family therapist, professional counselor, or338 |
|---|
| 357 | | - | licensed clinical social worker authorized to practice in that such federal facility."339 |
|---|
| 358 | | - | SECTION 12.340 |
|---|
| 359 | | - | Said title is further amended in Code Section 29-5-15, relating to review of petition,341 |
|---|
| 360 | | - | dismissal, and requirements of court upon finding need for emergency conservator, by342 |
|---|
| 361 | | - | revising subsection (c) as follows:343 |
|---|
| 362 | | - | "(c) If the court determines that there is probable cause to believe that the proposed ward344 |
|---|
| 363 | | - | is in need of an emergency conservator, the court shall:345 |
|---|
| 364 | | - | (1) Immediately appoint legal counsel to represent the proposed ward at the emergency346 |
|---|
| 365 | | - | hearing, which counsel may be the same counsel who is appointed to represent the347 |
|---|
| 366 | | - | proposed ward in the hearing on the petition for guardianship or conservatorship, if any348 |
|---|
| 367 | | - | such petition has been filed, and shall inform counsel of the appointment;349 |
|---|
| 368 | | - | (2) Order an emergency hearing to be conducted not sooner than three days nor later than350 |
|---|
| 369 | | - | five days after the filing of the petition;351 |
|---|
| 370 | | - | (3) Order an evaluation of the proposed ward by a physician an evaluator who shall be352 |
|---|
| 371 | | - | a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist353 |
|---|
| 372 | | - | licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under354 |
|---|
| 373 | | - | - 14 - 24 LC 49 1591S |
|---|
| 374 | | - | Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in355 |
|---|
| 375 | | - | psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a marriage356 |
|---|
| 376 | | - | and family therapist or professional counselor licensed under Chapter 10A of Title 43,357 |
|---|
| 377 | | - | or a licensed clinical social worker, other than the physician, psychologist, or physician358 |
|---|
| 378 | | - | assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,359 |
|---|
| 379 | | - | marriage and family therapist, professional counselor, or licensed clinical social worker360 |
|---|
| 380 | | - | who completed the affidavit attached to the petition pursuant to paragraph (1) of361 |
|---|
| 381 | | - | subsection (d) of Code Section 29-5-10, to. Such evaluation shall be conducted within362 |
|---|
| 382 | | - | 72 hours of the time such order was issued, and a written report to shall be furnished to363 |
|---|
| 383 | | - | the court and made available to the parties within 72 hours such time, which evaluation364 |
|---|
| 384 | | - | and report shall be governed by the provisions of subsection (d) of Code Section365 |
|---|
| 385 | | - | 29-5-14 29-5-11;366 |
|---|
| 386 | | - | (4) Immediately notify the proposed ward of the proceedings by service of all pleadings367 |
|---|
| 387 | | - | on the proposed ward, which notice shall:368 |
|---|
| 388 | | - | (A) Be served personally on the proposed ward by an officer of the court and shall not369 |
|---|
| 389 | | - | be served by mail;370 |
|---|
| 390 | | - | (B) Inform the proposed ward that a petition has been filed to have an emergency371 |
|---|
| 391 | | - | conservator appointed for the proposed ward, that the proposed ward has the right to372 |
|---|
| 392 | | - | attend any hearing that is held, and that, if an emergency conservator is appointed, the373 |
|---|
| 393 | | - | proposed ward may lose important rights to control the management of the proposed374 |
|---|
| 394 | | - | ward's property;375 |
|---|
| 395 | | - | (C) Inform the proposed ward of the place and time at which the proposed ward shall376 |
|---|
| 396 | | - | submit to the evaluation provided for by paragraph (3) of this subsection;377 |
|---|
| 397 | | - | (D) Inform the proposed ward of the appointment of legal counsel; and378 |
|---|
| 398 | | - | (E) Inform the proposed ward of the date and time of the hearing on the emergency379 |
|---|
| 399 | | - | conservatorship; and380 |
|---|
| 400 | | - | - 15 - 24 LC 49 1591S |
|---|
| 401 | | - | (5) Appoint an emergency conservator to serve until the emergency hearing, with or381 |
|---|
| 402 | | - | without prior notice to the proposed ward, if the threatened risk is so immediate and the382 |
|---|
| 403 | | - | potential harm so irreparable that any delay is unreasonable and the existence of the383 |
|---|
| 404 | | - | threatened risk and potential for irreparable harm is certified by the affidavit of a384 |
|---|
| 405 | | - | physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist385 |
|---|
| 406 | | - | licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under386 |
|---|
| 407 | | - | Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in387 |
|---|
| 408 | | - | psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a marriage388 |
|---|
| 409 | | - | and family therapist or professional counselor licensed under Chapter 10A of Title 43,389 |
|---|
| 410 | | - | or a licensed clinical social worker; provided, however, that, pending the emergency390 |
|---|
| 411 | | - | hearing, the court shall order that no withdrawals may be made from any account on the391 |
|---|
| 412 | | - | authority of the proposed ward's signature without the court's prior approval and that the392 |
|---|
| 413 | | - | emergency conservator shall not expend any funds of the proposed ward without prior393 |
|---|
| 414 | | - | court approval. Appointment of an emergency conservator under this paragraph is not394 |
|---|
| 415 | | - | a final determination of the proposed ward's need for a nonemergency conservator. Any395 |
|---|
| 416 | | - | emergency conservator appointed under this paragraph shall have only those powers and396 |
|---|
| 417 | | - | duties specifically enumerated in the letters of emergency conservatorship; such powers397 |
|---|
| 418 | | - | and duties shall not exceed those absolutely necessary to respond to the immediate398 |
|---|
| 419 | | - | threatened risk to the ward; and such powers and duties shall be subject to the limitations399 |
|---|
| 420 | | - | provided in this paragraph regarding the expenditures of funds of the ward."400 |
|---|
| 421 | | - | SECTION 13.401 |
|---|
| 422 | | - | Said title is further amended in Code Section 29-5-23, relating to authority of conservator402 |
|---|
| 423 | | - | and cooperation with guardian or other interested parties, by revising paragraph (13) of403 |
|---|
| 424 | | - | subsection (a) and paragraph (5) of subsection (c) as follows:404 |
|---|
| 425 | | - | "(13) Compromise any contested or doubtful claim for or against the ward if the405 |
|---|
| 426 | | - | proposed gross settlement as defined in Code Section 29-3-3 is in the amount406 |
|---|
| 427 | | - | - 16 - 24 LC 49 1591S |
|---|
| 428 | | - | of $25,000.00 or less, provided that, for purposes of this paragraph, the term 'gross407 |
|---|
| 429 | | - | settlement' means the present value of all amounts paid or to be paid in settlement of the408 |
|---|
| 430 | | - | claim, including cash, medical expenses, expenses of litigation, attorney's fees, and any409 |
|---|
| 431 | | - | amounts allocated to a structured settlement or other similar financial arrangement; and"410 |
|---|
| 432 | | - | "(5) To compromise a contested or doubtful claim for or against the ward if the proposed411 |
|---|
| 433 | | - | gross settlement as defined in Code Section 29-3-3 is more than $25,000.00, provided412 |
|---|
| 434 | | - | that, for purposes of this paragraph, the term 'gross settlement' means the present value413 |
|---|
| 435 | | - | of all amounts paid or to be paid in settlement of the claim, including cash, medical414 |
|---|
| 436 | | - | expenses, expenses of litigation, attorney's fees, and any amounts allocated to a structured415 |
|---|
| 437 | | - | settlement or other similar financial arrangement;"416 |
|---|
| 438 | | - | SECTION 14.417 |
|---|
| 439 | | - | Said title is further amended in Code Section 29-5-71, relating to modification of418 |
|---|
| 440 | | - | conservatorship, contents of petition for modification, and burden of proof, by revising419 |
|---|
| 441 | | - | subsection (b) as follows:420 |
|---|
| 442 | | - | "(b) If the petition for modification alleges a significant change in the capacity of the ward,421 |
|---|
| 443 | | - | it must be supported either by the affidavits of two persons who have knowledge of the422 |
|---|
| 444 | | - | ward, one of whom may be the petitioner, or of a physician licensed to practice medicine423 |
|---|
| 445 | | - | under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title424 |
|---|
| 446 | | - | 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or425 |
|---|
| 447 | | - | clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter426 |
|---|
| 448 | | - | 26 of Title 43, a marriage and family therapist or professional counselor licensed under427 |
|---|
| 449 | | - | Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting428 |
|---|
| 450 | | - | facts and determinations. If, after reviewing the petition and the affidavits, the court429 |
|---|
| 451 | | - | determines that there is no probable cause to believe that there has been a significant430 |
|---|
| 452 | | - | change in the capacity of the ward, the court shall dismiss the petition. If the petition is not431 |
|---|
| 453 | | - | dismissed, the court shall order that an evaluation be conducted, in accordance with the432 |
|---|
| 454 | | - | - 17 - 24 LC 49 1591S |
|---|
| 455 | | - | provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation433 |
|---|
| 456 | | - | report, the court finds that there is no probable cause to believe that there has been a434 |
|---|
| 457 | | - | significant change in the capacity of the ward, the court shall dismiss the petition. If the435 |
|---|
| 458 | | - | petition is not dismissed, the court shall schedule a hearing, with such notice as the court436 |
|---|
| 459 | | - | deems appropriate."437 |
|---|
| 460 | | - | SECTION 15.438 |
|---|
| 461 | | - | Said title is further amended in Code Section 29-5-72, relating to termination of439 |
|---|
| 462 | | - | conservatorship, required evidence to support, burden of proof, and death of ward, by440 |
|---|
| 463 | | - | revising subsection (b) as follows:441 |
|---|
| 464 | | - | "(b) A petition for termination must be supported either by the affidavits of two persons442 |
|---|
| 465 | | - | who have knowledge of the ward, one of whom may be the petitioner, or of a physician443 |
|---|
| 466 | | - | licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to444 |
|---|
| 467 | | - | practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of445 |
|---|
| 468 | | - | Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health446 |
|---|
| 469 | | - | licensed or registered under Chapter 26 of Title 43, a marriage and family therapist or447 |
|---|
| 470 | | - | professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social448 |
|---|
| 471 | | - | worker, setting forth the supporting facts and determinations. If, after reviewing the449 |
|---|
| 472 | | - | petition and the affidavits, the court determines that there is no probable cause to believe450 |
|---|
| 473 | | - | that the conservatorship should be terminated, the court shall dismiss the petition. If the451 |
|---|
| 474 | | - | petition is not dismissed, the court shall order that an evaluation be conducted in452 |
|---|
| 475 | | - | accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after453 |
|---|
| 476 | | - | reviewing the evaluation report, the court finds that there is no probable cause to believe454 |
|---|
| 477 | | - | that the conservatorship should be terminated, the court shall dismiss the petition. If the455 |
|---|
| 478 | | - | petition is not dismissed, the court shall schedule a hearing with such notice as the court456 |
|---|
| 479 | | - | deems appropriate."457 |
|---|
| 480 | | - | - 18 - 24 LC 49 1591S |
|---|
| 481 | | - | SECTION 16.458 |
|---|
| 482 | | - | Said title is further amended in Code Section 29-5-110, relating to proceedings for appeal,459 |
|---|
| 483 | | - | appointment of guardians ad litem, bond and security prior to removal, liability of surety of460 |
|---|
| 484 | | - | predecessor conservator, and jurisdiction, by revising subsection (d) as follows:461 |
|---|
| 485 | | - | "(d) Pending any appeal, the superior court or a probate court that is described in462 |
|---|
| 486 | | - | paragraph (2) of Code Section 15-9-120 may appoint an emergency conservator with463 |
|---|
| 487 | | - | powers and duties as are described in Code Section 29-5-16; provided, however, that such464 |
|---|
| 488 | | - | emergency conservator may be appointed only upon the filing of an affidavit of a physician465 |
|---|
| 489 | | - | licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to466 |
|---|
| 490 | | - | practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of467 |
|---|
| 491 | | - | Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health468 |
|---|
| 492 | | - | licensed or registered under Chapter 26 of Title 43, a marriage and family therapist or469 |
|---|
| 493 | | - | professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social470 |
|---|
| 494 | | - | worker, setting forth the existence of the emergency circumstances described in subsection471 |
|---|
| 495 | | - | (d) of Code Section 29-5-14 and after a hearing at which other evidence may be presented. 472 |
|---|
| 496 | | - | The appointment of an emergency conservator is not appealable."473 |
|---|
| 497 | | - | SECTION 17.474 |
|---|
| 498 | | - | Said title is further amended by revising Code Section 29-9-16, relating to compensation to475 |
|---|
| 499 | | - | physicians, psychologists, or licensed clinical social workers, as follows:476 |
|---|
| 500 | | - | "29-9-16.477 |
|---|
| 501 | | - | (a) For the evaluation or examination required by subsection (d) of Code Section 29-4-11,478 |
|---|
| 502 | | - | subsection (c) of Code Section 29-4-15, subsection (b) of Code Section 29-4-42,479 |
|---|
| 503 | | - | subsection (d) of Code Section 29-5-11, subsection (c) of Code Section 29-5-15, or480 |
|---|
| 504 | | - | subsection (b) of Code Section 29-5-71, the evaluating physician, psychologist, or481 |
|---|
| 505 | | - | physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,482 |
|---|
| 506 | | - | - 19 - 24 LC 49 1591S |
|---|
| 507 | | - | marriage and family therapist, professional counselor, or licensed clinical social worker483 |
|---|
| 508 | | - | shall receive a reasonable fee commensurate with the task performed, plus actual expenses.484 |
|---|
| 509 | | - | (b) In the event the attendance of the evaluating physician, psychologist, or physician485 |
|---|
| 510 | | - | assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, marriage486 |
|---|
| 511 | | - | and family therapist, professional counselor, or licensed clinical social worker shall be487 |
|---|
| 512 | | - | required by the court for a hearing under subsection (d) of Code Section 29-4-12,488 |
|---|
| 513 | | - | subsection (a) of Code Section 29-4-16, subsection (b) of Code Section 29-4-42, subsection489 |
|---|
| 514 | | - | (d) of Code Section 29-5-12, subsection (a) of Code Section 29-5-16, or subsection (b) of490 |
|---|
| 515 | | - | Code Section 29-5-71, other than pursuant to a subpoena requested by a party to the491 |
|---|
| 516 | | - | proceeding, the evaluating physician, psychologist, or physician assistant, nurse492 |
|---|
| 517 | | - | practitioner, clinical nurse specialist in psychiatric/mental health, marriage and family493 |
|---|
| 518 | | - | therapist, professional counselor, or licensed clinical social worker shall receive a494 |
|---|
| 519 | | - | reasonable fee commensurate with the task performed, plus actual expenses.495 |
|---|
| 520 | | - | (c) All fees and expenses payable under subsection (a) or (b) of this Code section shall be496 |
|---|
| 521 | | - | assessed by the court and paid in accordance with the provisions of Code Section 29-9-3."497 |
|---|
| 522 | | - | SECTION 18.498 |
|---|
| 523 | | - | All laws and parts of laws in conflict with this Act are repealed.499 |
|---|
| 524 | | - | - 20 - |
|---|
| 12 | + | To amend Code Section 29-5-23 of the Official Code of Georgia Annotated, relating to |
|---|
| 13 | + | 1 |
|---|
| 14 | + | authority of conservator and cooperation with guardian or other interested parties, so as to2 |
|---|
| 15 | + | define the term "gross settlement"; to provide for related matters; to provide an effective3 |
|---|
| 16 | + | date; to repeal conflicting laws; and for other purposes.4 |
|---|
| 17 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
|---|
| 18 | + | SECTION 1.6 |
|---|
| 19 | + | Code Section 29-5-23 of the Official Code of Georgia Annotated, relating to authority of7 |
|---|
| 20 | + | conservator and cooperation with guardian or other interested parties, is amended by revising8 |
|---|
| 21 | + | paragraph (13) of subsection (a) and paragraph (5) of subsection (c) as follows:9 |
|---|
| 22 | + | "(13) Compromise any contested or doubtful claim for or against the ward if the10 |
|---|
| 23 | + | proposed gross settlement as defined in Code Section 29-3-3 |
|---|
| 24 | + | is in the amount11 |
|---|
| 25 | + | of $25,000.00 or less, provided that, for purposes of this paragraph, the term 'gross12 |
|---|
| 26 | + | settlement' means the present value of all amounts paid or to be paid in settlement of the13 |
|---|
| 27 | + | claim, including cash, medical expenses, expenses of litigation, attorney's fees, and any14 |
|---|
| 28 | + | amounts allocated to a structured settlement or other similar financial arrangement; and"15 23 LC 44 2254 |
|---|
| 29 | + | H. B. 375 |
|---|
| 30 | + | - 2 - |
|---|
| 31 | + | "(5) To compromise a contested or doubtful claim for or against the ward if the proposed |
|---|
| 32 | + | 16 |
|---|
| 33 | + | gross settlement as defined in Code Section 29-3-3 |
|---|
| 34 | + | is more than $25,000.00, provided17 |
|---|
| 35 | + | that, for purposes of this paragraph, the term 'gross settlement' means the present value18 |
|---|
| 36 | + | of all amounts paid or to be paid in settlement of the claim, including cash, medical19 |
|---|
| 37 | + | expenses, expenses of litigation, attorney's fees, and any amounts allocated to a structured20 |
|---|
| 38 | + | settlement or other similar financial arrangement;"21 |
|---|
| 39 | + | SECTION 2.22 |
|---|
| 40 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law23 |
|---|
| 41 | + | without such approval.24 |
|---|
| 42 | + | SECTION 3.25 |
|---|
| 43 | + | All laws and parts of laws in conflict with this Act are repealed.26 |
|---|