Georgia 2025-2026 Regular Session

Georgia House Bill HB36 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 36/AP
2		-	House Bill 36 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Leverett of the 123
4		-	rd
5		-	, Scoggins of the 14
6		-	th
7		-	, Kelley of the 16
8		-	th
9		-	, Oliver of
10		-	the 84
11		-	th
12		-	, Powell of the 33
13		-	rd
14		-	, and others
	1	+	25 HB 36/SCSFA
	2	+	SENATE SUBSTITUTE TO HB 36
	3	+	ADOPTED SENATE
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward,
18		-	1
	6	+	To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward,1
19	7		so as to revise the list of providers who are authorized to participate in the processes for2
20	8		appointment of a guardian for an adult, the modification and termination of such3
21	9		guardianship, and the appointment of emergency guardian; to revise the list of providers who4
22	10		are authorized to participate in the processes for appointment of a conservator for an adult,5
23	11		the modification and termination of such conservatorship, and the appointment of emergency6
24	12		conservator; to provide for limitations on the powers and duties of certain emergency7
25	13		conservators; to revise and provide for definitions; to provide for related matters; to repeal8
26	14		conflicting laws; and for other purposes.9
27	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
28	16		SECTION 1.11
29	17		Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is12
30	18		amended by revising paragraph (10) of Code Section 29-1-1, relating to definitions, as13
31	19		follows:14
32		-	"(10) 'Licensed clinical social worker' means a social worker who is licensed as such
33		-	in15
	20	+	"(10) 'Licensed clinical social worker' means a social worker who is licensed as such in15
34	21		accordance with the provisions of Chapter 10A of Title 43."16
35		-	H. B. 36
36		-	- 1 - 25 HB 36/AP
37		-	SECTION 2.
38		-	17
	22	+	- 1 - 25 HB 36/SCSFA
	23	+	SECTION 2.17
39	24		Said title is further amended in Code Section 29-4-1, relating to prerequisite findings prior18
40	25		to appointment of guardian for adult and extent of guardianship, by adding a new paragraph19
41	26		to subsection (e) to read as follows:20
42		-	"(3) An adult shall not be presumed to be in need of a guardian solely because of a
43		-	21
	27	+	"(3) An adult shall not be presumed to be in need of a guardian solely because of a21
44	28		finding that the adult has one or more developmental disabilities as defined in22
45	29		paragraph (8) of Code Section 37-1-1."23
46	30		SECTION 3.24
47	31		Said title is further amended in Code Section 29-4-10, relating to petition for appointment25
48	32		of guardian and requirements for petition, by revising paragraph (1) of subsection (c) as26
49	33		follows:27
50	34		"(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported28
51	35		by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,29
52	36		a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant30
53	37		licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in31
54	38		psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a32
55	39		professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical33
56	40		social worker, or, if the proposed ward is a patient in any federal medical facility in which34
57	41		such a physician, psychologist, or physician assistant, nurse practitioner, clinical nurse35
58	42		specialist in psychiatric/mental health, professional counselor, or licensed clinical social36
59	43		worker is not available, a physician, psychologist, or physician assistant, nurse37
60	44		practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor,38
61	45		or licensed clinical social worker who is authorized to practice in that such federal39
62	46		facility."40
63		-	H. B. 36
64		-	- 2 - 25 HB 36/AP
65		-	SECTION 4.
66		-	41
	47	+	- 2 - 25 HB 36/SCSFA
	48	+	SECTION 4.41
67	49		Said title is further amended in Code Section 29-4-11, relating to prerequisite judicial finding42
68	50		of probable cause, notice, petition, evaluations, and reporting requirements for appointment43
69	51		for guardians for adults, by revising subsection (d) as follows:44
70		-	"(d)(1) If the petition is not dismissed under
71		-	pursuant to subsection (b) of this Code45
	52	+	"(d)(1) If the petition is not dismissed under pursuant to subsection (b) of this Code45
72	53		section, the court shall appoint an evaluating physician evaluator who shall be a physician46
73	54		licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to47
74	55		practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of48
75	56		Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health49
76	57		licensed or registered under Chapter 26 of Title 43, a professional counselor licensed50
77	58		under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed51
78	59		ward is a patient in any federal medical facility in which such a physician, psychologist,52
79	60		or physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental53
80	61		health, professional counselor, or licensed clinical social worker is not available, a54
81	62		physician, psychologist, or physician assistant, nurse practitioner, clinical nurse specialist55
82	63		in psychiatric/mental health, professional counselor, or licensed clinical social worker56
83	64		who is authorized to practice in that such federal facility, other than the physician,57
84	65		psychologist, or physician assistant, nurse practitioner, clinical nurse specialist in58
85	66		psychiatric/mental health, professional counselor, or licensed clinical social worker who59
86	67		completed the affidavit attached to the petition pursuant to subsection (c) of Code Section60
87	68		29-4-10.61
88	69		(2) When evaluating the proposed ward, the physician, psychologist, or physician62
89	70		assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,63
90	71		professional counselor, or licensed clinical social worker shall explain the purpose of the64
91	72		evaluation to the proposed ward. The proposed ward may remain silent. Any statements65
92	73		made by the proposed ward during the evaluation shall be privileged and shall be66
93	74		inadmissable as evidence in any proceeding other than a proceeding under this chapter. 67
94		-	H. B. 36
95		-	- 3 - 25 HB 36/AP
96		-	The proposed ward's legal counsel shall have the right to be present but shall not
97		-	68
	75	+	- 3 - 25 HB 36/SCSFA
	76	+	The proposed ward's legal counsel shall have the right to be present but shall not68
98	77		participate in the evaluation.69
99	78		(3) The evaluation shall be conducted with as little interference with the proposed ward's70
100	79		activities as possible. The evaluation shall take place at the place and time set in the71
101		-	notice to the proposed ward and the
102		-	his or her legal counsel and the time set shall not be72
	80	+	notice to the proposed ward and the his or her legal counsel and the time set shall not be72
103	81		sooner than the fifth day after the service of notice on the proposed ward. The court,73
104	82		however, shall have the exclusive power to change the place and time of the examination74
105	83		at any time upon reasonable notice being given to the proposed ward and to his or her75
106	84		legal counsel. If the proposed ward fails to appear, the court may order that the proposed76
107	85		ward be taken directly to and from a medical facility or the office of the physician,77
108	86		psychologist, or physician assistant, nurse practitioner, clinical nurse specialist in78
109	87		psychiatric/mental health, professional counselor, or licensed clinical social worker for79
110	88		purposes of evaluation only. The evaluation shall be conducted during the normal80
111	89		business hours of the facility or office and the proposed ward shall not be detained in the81
112	90		facility or office overnight. The evaluation may include, but not be limited to:82
113	91		(A) A self-report from the proposed ward, if possible;83
114	92		(B) Questions and observations of the proposed ward to assess the functional abilities84
115	93		of the proposed ward;85
116	94		(C) A review of the records for the proposed ward, including, but not limited to,86
117	95		medical records, medication charts, and other available records;87
118	96		(D) An assessment of cultural factors and language barriers that may impact the88
119	97		proposed ward's abilities and living environment; and89
120	98		(E) All other factors the evaluator determines to be appropriate to the evaluation.90
121	99		(4) A written report shall be filed with the court no later than seven days after the91
122	100		evaluation, and the court shall serve a copy of the report by first-class mail upon the92
123	101		proposed ward and the proposed ward's legal counsel and, if any, the guardian ad litem93
124	102		if appointed.94
125		-	H. B. 36
126		-	- 4 - 25 HB 36/AP
	103	+	- 4 - 25 HB 36/SCSFA
127	104		(5) The report shall be signed under oath by the physician, psychologist, or licensed95
128	105		clinical social worker evaluator and shall:96
129	106		(A) State the circumstances and duration of the evaluation, including a summary of97
130	107		questions or tests utilized, and the elements of the evaluation;98
131	108		(B) List all persons and other sources of information consulted in evaluating the99
132	109		proposed ward;100
133	110		(C) Describe the proposed ward's mental and physical state and condition, including101
134	111		all observed facts considered by the physician or psychologist or licensed clinical social102
135	112		worker evaluator;103
136	113		(D) Describe the overall social condition of the proposed ward, including support, care,104
137	114		education, and well-being; and105
138	115		(E) Describe the needs of the proposed ward and their foreseeable duration.106
139	116		(6) The proposed ward's legal counsel may file a written response to the evaluation,107
140	117		provided the response is filed no later than the date of the commencement of the hearing108
141	118		on the petition for guardianship. The response may include, but is not limited to,109
142	119		independent evaluations, affidavits of individuals with personal knowledge of the110
143	120		proposed ward, and a statement of applicable law. In the response, the proposed ward's111
144	121		legal counsel may also challenge the sufficiency and weight of the results and112
145	122		conclusions of the evaluation and written report and the qualifications, experience, or113
146	123		abilities of the person performing the evaluation."114
147	124		SECTION 5.115
148	125		Said title is further amended in Code Section 29-4-12, relating to judicial review of pleadings116
149	126		and evaluation report, findings, and hearing, by revising subsection (d) as follows:117
150	127		"(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at such other118
151	128		place as the court may choose. At the request of the proposed ward or the proposed119
152	129		ward's legal counsel and for good cause shown, the court may exercise its discretion to120
153		-	H. B. 36
154		-	- 5 - 25 HB 36/AP
155		-	exclude the public from the hearing and the record shall reflect the court's action. The
156		-	121
	130	+	- 5 - 25 HB 36/SCSFA
	131	+	exclude the public from the hearing and the record shall reflect the court's action. The121
157	132		proposed ward or the proposed ward's legal counsel may waive the appearance of the122
158	133		proposed ward at the hearing.123
159	134		(2) The hearing shall be recorded by either a certified court reporter or a sound-recording124
160	135		device. The recording shall be retained for not less than 45 days from the date of the125
161	136		entry of the order described in Code Section 29-4-13.126
162	137		(3) The court shall apply the rules of evidence applicable in civil cases.127
163		-	(4) At the hearing, the proposed ward may also challenge, by appropriate evidence and
164		-	128
	138	+	(4) At the hearing, the proposed ward may also challenge, by appropriate evidence and128
165	139		argument, the sufficiency and weight of the results and conclusions of the evaluation and129
166	140		written report and the qualifications, experience, or abilities of the person performing the130
167	141		evaluation. The proposed ward shall have the right to present such evidence and131
168	142		argument regardless of whether the proposed ward's legal counsel raised such matters in132
169	143		a written response submitted by the proposed ward's legal counsel pursuant to133
170	144		paragraph (6) of subsection (d) of Code Section 29-4-11.134
171	145		(5) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there135
172	146		is clear and convincing evidence of the need for a guardianship in light of the evidence136
173	147		taken at the hearing. In addition, the court may consider the evaluation report and any137
174	148		response filed or argument and evidence presented by the proposed ward. The burden138
175	149		of proof shall be upon the petitioner.139
176	150		(6) If the court finds that the proposed ward has one or more developmental disabilities140
177	151		as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is141
178	152		a need for a guardianship unless the evidence shows by clear and convincing evidence142
179	153		that, due to such developmental disability or disabilities and other factors that may be143
180	154		present, the proposed ward lacks sufficient capacity to make or communicate significant144
181	155		responsible decisions concerning his or her health or safety.145
182	156		(5)(7) Upon determination of the need for a guardianship, the court shall determine the146
183	157		powers, if any, which are to be retained by the proposed ward, in accordance with the147
184		-	H. B. 36
185		-	- 6 - 25 HB 36/AP
186		-	provisions of Code Section 29-4-21 and whether any additional powers are to be granted
187		-	148
	158	+	- 6 - 25 HB 36/SCSFA
	159	+	provisions of Code Section 29-4-21 and whether any additional powers are to be granted148
188	160		to the guardian, pursuant to the provisions of subsection (b) of Code Section 29-4-23.149
189		-	(6)
190		-	(8) If the court determines that a guardianship is necessary and the proposed ward is150
	161	+	(6)(8) If the court determines that a guardianship is necessary and the proposed ward is150
191	162		present, the proposed ward may suggest any individual as guardian. The court shall151
192	163		select as guardian the individual who will serve the best interest of the ward.152
193	164		(7)(9) In any procedure under this chapter in which the judge of the court is unable to153
194	165		hear a case within the time required for such hearing, the judge shall appoint an154
195	166		individual to hear the case and exercise all the jurisdiction of the court in the case. Any155
196	167		individual appointed shall be a member of the State Bar of Georgia who is qualified to156
197	168		serve as the probate judge in that county and who is, in the opinion of the appointing157
198	169		judge, qualified for the duties by training and experience. The appointment may be made158
199	170		on a case-by-case basis or by making a standing appointment of one or more individuals. 159
200	171		Any individual who receives a standing appointment shall serve at the pleasure of the160
201	172		judge who makes the appointment or the judge's successor in office. The compensation161
202	173		of an individual appointed shall be as agreed upon by the judge who makes the162
203	174		appointment and the individual appointed, with the approval of the governing authority163
204	175		of the county for which the individual is appointed, and shall be paid from county funds. 164
205	176		All fees collected for the service of the appointed individual shall be paid into the general165
206	177		funds of the county."166
207	178		SECTION 6.167
208	179		Said title is further amended in Code Section 29-4-14, relating to petition for appointment168
209	180		of emergency guardian of an adult and requirements of petition, by revising paragraph (1)169
210	181		of subsection (d) as follows:170
211	182		"(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported171
212	183		by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,172
213	184		a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant173
214		-	H. B. 36
215		-	- 7 - 25 HB 36/AP
	185	+	- 7 - 25 HB 36/SCSFA
216	186		licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in174
217	187		psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a175
218	188		professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical176
219	189		social worker, or, if the proposed ward is a patient in any federal medical facility in which177
220	190		such a physician, psychologist, or physician assistant, nurse practitioner, clinical nurse178
221	191		specialist in psychiatric/mental health, professional counselor, or licensed clinical social179
222	192		worker is not available, a physician, psychologist, or physician assistant, nurse180
223	193		practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor,181
224	194		or licensed clinical social worker authorized to practice in that such federal facility."182
225	195		SECTION 7.183
226	196		Said title is further amended in Code Section 29-4-15, relating to prerequisite findings prior184
227	197		to appointment of emergency guardian, evaluation, notice, and hearing, by revising185
228	198		subsection (c) as follows:186
229	199		"(c) If the court determines that there is probable cause to believe that the proposed ward187
230	200		is in need of an emergency guardian, the court shall:188
231	201		(1) Immediately appoint legal counsel to represent the proposed ward at the emergency189
232	202		hearing, which counsel may be the same counsel who is appointed to represent the190
233	203		proposed ward in the hearing on the petition for guardianship or conservatorship, if any191
234	204		such petition has been filed, and shall inform counsel of the appointment;192
235	205		(2) Order an emergency hearing to be conducted not sooner than three days nor later than193
236	206		five days after the filing of the petition;194
237	207		(3) Order an evaluation of the proposed ward by a physician an evaluator who shall be195
238	208		a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist196
239	209		licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under197
240	210		Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in198
241	211		psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a199
242		-	H. B. 36
243		-	- 8 - 25 HB 36/AP
	212	+	- 8 - 25 HB 36/SCSFA
244	213		professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical200
245	214		social worker, other than the physician, psychologist, or physician assistant, nurse201
246	215		practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor,202
247	216		or licensed clinical social worker who completed the affidavit attached to the petition203
248	217		pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation204
249	218		shall be conducted within 72 hours of the time the order was issued and a written report205
250	219		shall be furnished to the court and made available to the parties within this time frame,206
251	220		which evaluation and report shall be governed by the provisions of subsection (d) of Code207
252	221		Section 29-4-11;208
253	222		(4) Immediately notify the proposed ward of the proceedings by service of all pleadings209
254	223		on the proposed ward, which notice shall:210
255	224		(A) Be served personally on the proposed ward by an officer of the court and shall not211
256	225		be served by mail;212
257	226		(B) Inform the proposed ward that a petition has been filed to have an emergency213
258	227		guardian appointed for the proposed ward, that the proposed ward has the right to attend214
259	228		any hearing that is held, and that, if an emergency guardian is appointed, the proposed215
260	229		ward may lose important rights to control the management of the proposed ward's216
261	230		person;217
262	231		(C) Inform the proposed ward of the place and time at which the proposed ward shall218
263	232		submit to the evaluation provided for by paragraph (3) of this subsection;219
264	233		(D) Inform the proposed ward of the appointment of legal counsel; and220
265	234		(E) Inform the proposed ward of the date and time of the hearing on the emergency221
266	235		guardianship; and222
267	236		(5) Appoint an emergency guardian to serve until the emergency hearing, with or without223
268	237		prior notice to the proposed ward, if the threatened risk is so immediate and the potential224
269	238		harm so irreparable that any delay is unreasonable and the existence of the threatened risk225
270	239		and potential for irreparable harm is certified by the affidavit of a physician licensed to226
271		-	H. B. 36
272		-	- 9 - 25 HB 36/AP
273		-	practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under
274		-	227
275		-	Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a
276		-	228
	240	+	- 9 - 25 HB 36/SCSFA
	241	+	practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under227
	242	+	Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a228
277	243		nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or229
278	244		registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter230
279	245		10A of Title 43, or a licensed clinical social worker. Appointment of an emergency231
280	246		guardian under this paragraph is not a final determination of the proposed ward's need for232
281	247		a nonemergency guardian. Any emergency guardian appointed under this paragraph shall233
282	248		have only those powers and duties specifically enumerated in the letters of emergency234
283	249		guardianship, and the powers and duties shall not exceed those absolutely necessary to235
284	250		respond to the immediate threatened risk to the ward."236
285	251		SECTION 8.237
286	252		Said title is further amended by revising Code Section 29-4-16, relating to conduct of238
287	253		emergency guardianship hearing and limitations on emergency guardianship, as follows:239
288	254		"29-4-16.240
289	255		(a) The court shall conduct the emergency guardianship hearing, at the time and date set241
290	256		forth in its order, to determine whether there is clear and convincing evidence of the need242
291	257		for an emergency guardianship in light of the evidence taken at the hearing. In addition to243
292	258		the evidence at the hearing, the court may consider the evaluation report and any response244
293	259		filed by the proposed ward. The proposed ward may also challenge, by appropriate245
294	260		evidence and argument, the sufficiency and weight of the results and conclusions of the246
295	261		evaluation and written report and the qualifications, experience, or abilities of the person247
296	262		performing the evaluation. The burden of proof shall be upon the petitioner. Upon the248
297	263		consent of the petitioner and the proposed ward, the court may grant a continuance of the249
298	264		case for a period not to exceed 30 days.250
299	265		(b) If the court at the emergency hearing finds that an emergency guardianship is251
300	266		necessary, the court shall order the emergency guardianship; provided, however, that:252
301		-	H. B. 36
302		-	- 10 - 25 HB 36/AP
303		-	(1) Any emergency guardian shall have only those powers and duties specifically
304		-	253
	267	+	- 10 - 25 HB 36/SCSFA
	268	+	(1) Any emergency guardian shall have only those powers and duties specifically253
305	269		enumerated in the letters of emergency guardianship and the powers and duties shall not254
306	270		exceed those absolutely necessary to respond to the immediate threatened risk to the255
307	271		ward;256
308	272		(2) The court may order the emergency guardian to make any report the court requires;257
309		-	(3) If the court finds that the proposed ward has one or more developmental disabilities
310		-	258
	273	+	(3) If the court finds that the proposed ward has one or more developmental disabilities258
311	274		as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is259
312	275		a need for an emergency guardianship unless the evidence shows by clear and convincing260
313	276		evidence that, due to such developmental disability or disabilities and other factors that261
314	277		may be present, the proposed ward lacks sufficient capacity to make or communicate262
315	278		significant responsible decisions concerning his or her health or safety and there is an263
316	279		immediate and substantial risk of death or serious physical injury, illness, or disease264
317	280		unless an emergency guardian is appointed; and265
318	281		(3)(4) The emergency guardianship shall terminate on the earliest of:266
319	282		(A) The court's removal of the emergency guardian, with or without cause;267
320	283		(B) The effective date of the appointment of a guardian;268
321	284		(C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for269
322	285		appointment of a guardian;270
323	286		(D) The date specified for the termination in the order appointing the emergency271
324	287		guardian;272
325	288		(E) Sixty days from the date of appointment of the emergency guardian, provided that273
326	289		the court had jurisdiction to issue such order under paragraph (1) of Code274
327	290		Section 29-11-12; or275
328	291		(F) Ninety days from the date of appointment of the emergency guardian, provided that276
329	292		the court had jurisdiction to issue such order under paragraph (2) or (3) of Code277
330	293		Section 29-11-12."278
331		-	H. B. 36
332		-	- 11 - 25 HB 36/AP
333		-	SECTION 9.
334		-	279
	294	+	- 11 - 25 HB 36/SCSFA
	295	+	SECTION 9.279
335	296		Said title is further amended in Code Section 29-4-41, relating to modification of280
336	297		guardianship, by revising subsection (b) as follows:281
337	298		"(b) If the petition for modification alleges a significant change in the capacity of the ward,282
338	299		it must be supported either by the affidavits of two persons who have knowledge of the283
339	300		ward, one of whom may be the petitioner, or of a physician licensed to practice medicine284
340	301		under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of285
341		-	Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner
342		-	286
	302	+	Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner286
343	303		or clinical nurse specialist in psychiatric/mental health licensed or registered under287
344	304		Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43,288
345	305		or a licensed clinical social worker, setting forth the supporting facts and determinations. 289
346	306		If, after reviewing the petition and the affidavits, the court determines that there is no290
347	307		probable cause to believe that there has been a significant change in the capacity of the291
348	308		ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall292
349	309		order that an evaluation be conducted, in accordance with the provisions of subsection (d)293
350	310		of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there294
351	311		is no probable cause to believe that there has been a significant change in the capacity of295
352	312		the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall296
353	313		schedule a hearing, with notice as the court deems appropriate."297
354	314		SECTION 10.298
355	315		Said title is further amended in Code Section 29-4-42, relating to termination of299
356	316		guardianship, required evidence, burden of proof, and return of property, by revising300
357	317		subsection (b) as follows:301
358	318		"(b) A petition for termination must be supported either by the affidavits of two persons302
359	319		who have knowledge of the ward, one of whom may be the petitioner, or of a physician303
360	320		licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to304
361		-	H. B. 36
362		-	- 12 - 25 HB 36/AP
	321	+	- 12 - 25 HB 36/SCSFA
363	322		practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of305
364	323		Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health306
365	324		licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under307
366	325		Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting308
367	326		facts and determinations. If, after reviewing the petition and the affidavits, the court309
368	327		determines that there is no probable cause to believe that the guardianship should be310
369	328		terminated, the court shall dismiss the petition. If the petition is not dismissed, the court311
370	329		shall order that an evaluation be conducted, in accordance with the provisions of subsection312
371	330		(d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that313
372	331		there is no probable cause to believe that the guardianship should be terminated, the court314
373	332		shall dismiss the petition. If the petition is not dismissed, the court shall schedule a315
374	333		hearing, with such notice as the court deems appropriate."316
375	334		SECTION 11.317
376	335		Said title is further amended in Code Section 29-4-70, relating to right of ward to appeal,318
377	336		procedure, and appointment of emergency guardian, by revising subsection (d) as follows:319
378	337		"(d) Pending any appeal, the superior court or a probate court that is described in320
379	338		paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such321
380	339		powers and duties as are described in Code Section 29-4-16; provided, however, that an322
381	340		emergency guardian may be appointed only upon the filing of an affidavit of a physician323
382	341		licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to324
383	342		practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of325
384	343		Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health326
385	344		licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under327
386	345		Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the existence of328
387	346		the emergency circumstances described in subsection (d) of Code Section 29-4-14 and after329
388		-	H. B. 36
389		-	- 13 - 25 HB 36/AP
390		-	a hearing at which other evidence may be presented. The appointment of an emergency
391		-	330
	347	+	- 13 - 25 HB 36/SCSFA
	348	+	a hearing at which other evidence may be presented. The appointment of an emergency330
392	349		guardian is not appealable."331
393	350		SECTION 12.332
394	351		Said title is further amended in Code Section 29-5-1, relating to conservator for adults, best333
395	352		interest of the adult, no presumption of need for conservator, and objective of334
396	353		conservatorship, by adding a new paragraph to subsection (e) to read as follows:335
397		-	"(3) An adult shall not be presumed to be in need of a conservator solely because of a
398		-	336
	354	+	"(3) An adult shall not be presumed to be in need of a conservator solely because of a336
399	355		finding that the adult has one or more developmental disabilities as defined in paragraph337
400	356		(8) of Code Section 37-1-1."338
401	357		SECTION 13.339
402	358		Said title is further amended in Code Section 29-5-10, relating to petition for appointment340
403	359		of conservator and requirements of petition, by revising paragraph (1) of subsection (c) as341
404	360		follows:342
405	361		"(c)(1) The petition shall be sworn to by two or more petitioners or shall be supported343
406	362		by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,344
407	363		a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant345
408	364		licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in346
409	365		psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a347
410	366		professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical348
411	367		social worker, or, if the proposed ward is a patient in any federal medical facility in which349
412	368		such a physician, psychologist, or physician assistant, nurse practitioner, clinical nurse350
413	369		specialist in psychiatric/mental health, professional counselor, or licensed clinical social351
414	370		worker is not available, a physician, psychologist, or physician assistant, nurse352
415	371		practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor,353
416	372		or licensed clinical social worker authorized to practice in that such federal facility."354
417		-	H. B. 36
418		-	- 14 - 25 HB 36/AP
419		-	SECTION 14.
420		-	355
	373	+	- 14 - 25 HB 36/SCSFA
	374	+	SECTION 14.355
421	375		Said title is further amended in Code Section 29-5-11, relating to prerequisite finding prior356
422	376		to appointment of conservator, notice, evaluation, and written report, by revising357
423	377		subsection (d) as follows:358
424	378		"(d)(1) If the petition is not dismissed pursuant to subsection (b) of this Code section, the359
425		-	court shall appoint an evaluating physician
426		-	evaluator who shall be a physician licensed360
	379	+	court shall appoint an evaluating physician evaluator who shall be a physician licensed360
427	380		to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice361
428	381		under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43,362
429	382		a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or363
430	383		registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter364
431	384		10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient365
432	385		in any federal medical facility in which such a physician, psychologist, or physician366
433	386		assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,367
434	387		professional counselor, or licensed clinical social worker is not available, a physician,368
435	388		psychologist, or physician assistant, nurse practitioner, clinical nurse specialist in369
436	389		psychiatric/mental health, professional counselor, or licensed clinical social worker370
437	390		authorized to practice in that such federal facility other than the physician, psychologist,371
438	391		or physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental372
439	392		health, professional counselor, or licensed clinical social worker who completed the373
440	393		affidavit attached to the petition pursuant to subsection (c) of Code Section 29-5-10.374
441	394		(2) When evaluating the proposed ward, the physician, psychologist, or physician375
442	395		assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,376
443	396		professional counselor, or licensed clinical social worker shall explain the purpose of the377
444	397		evaluation to the proposed ward. The proposed ward may remain silent. Any statements378
445	398		made by the proposed ward during the evaluation shall be privileged and shall be379
446	399		inadmissable as evidence in any proceeding other than a proceeding under this chapter. 380
447		-	H. B. 36
448		-	- 15 - 25 HB 36/AP
449		-	The proposed ward's legal counsel shall have the right to be present but shall not
450		-	381
	400	+	- 15 - 25 HB 36/SCSFA
	401	+	The proposed ward's legal counsel shall have the right to be present but shall not381
451	402		participate in the evaluation.382
452	403		(3) The evaluation shall be conducted with as little interference with the proposed ward's383
453	404		activities as possible. The evaluation shall take place at the place and time set in the384
454	405		notice to the proposed ward and to his or her legal counsel and the time set shall not be385
455	406		sooner than the fifth day after the service of notice on the proposed ward. The court,386
456	407		however, shall have the exclusive power to change the place and time of the examination387
457	408		at any time upon reasonable notice being given to the proposed ward and to his or her388
458	409		legal counsel. If the proposed ward fails to appear, the court may order that the proposed389
459	410		ward be taken directly to and from a medical facility, office of a physician, psychologist,390
460		-	or
461		-	physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental391
	411	+	or physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental391
462	412		health, professional counselor, or licensed clinical social worker for purposes of392
463	413		evaluation only. The evaluation shall be conducted during the normal business hours of393
464	414		the facility or office, and the proposed ward shall not be detained in the facility or office394
465	415		overnight. The evaluation may include, but not be limited to:395
466	416		(A) A self-report from the proposed ward, if possible;396
467	417		(B) Questions and observations of the proposed ward to assess the functional abilities397
468	418		of the proposed ward;398
469	419		(C) A review of the records for the proposed ward, including, but not limited to,399
470	420		medical records, medication charts, and other available records;400
471	421		(D) An assessment of cultural factors and language barriers that may impact the401
472	422		proposed ward's abilities and living environment; and402
473	423		(E) All other factors the evaluator determines to be appropriate to the evaluation.403
474	424		(4) A written report shall be filed with the court no later than seven days after the404
475	425		evaluation, and the court shall serve a copy of the report by first-class mail upon the405
476	426		proposed ward and the proposed ward's legal counsel and guardian ad litem, if appointed.406
477		-	H. B. 36
478		-	- 16 - 25 HB 36/AP
	427	+	- 16 - 25 HB 36/SCSFA
479	428		(5) The report shall be signed under oath by the physician, psychologist, or licensed407
480	429		clinical social worker evaluator and shall:408
481	430		(A) State the circumstances and duration of the evaluation, including a summary of409
482	431		questions or tests utilized, and the elements of the evaluation;410
483	432		(B) List all persons and other sources of information consulted in evaluating the411
484	433		proposed ward;412
485	434		(C) Describe the proposed ward's mental and physical state and condition, including413
486	435		all observed facts considered by the physician, psychologist, or licensed clinical social414
487	436		worker evaluator;415
488	437		(D) Describe the overall social condition of the proposed ward, including support, care,416
489	438		education, and well-being; and417
490	439		(E) Describe the needs of the proposed ward and their foreseeable duration.418
491	440		(6) The proposed ward's legal counsel may file a written response to the evaluation,419
492	441		provided the response is filed no later than the date of the commencement of the hearing420
493	442		on the petition for conservatorship. The response may include, but is not limited to,421
494	443		independent evaluations, affidavits of individuals with personal knowledge of the422
495	444		proposed ward, and a statement of applicable law. In the response, the proposed ward's423
496	445		legal counsel may also challenge the sufficiency and weight of the results and424
497	446		conclusions of the evaluation and written report and the qualifications, experience, or425
498	447		abilities of the person performing the evaluation."426
499	448		SECTION 15.427
500	449		Said title is further amended in Code Section 29-5-12, relating to judicial review and428
501	450		proceedings, by revising subsection (d) as follows:429
502	451		(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at any other430
503	452		place as the court may set. At the request of the proposed ward or the proposed ward's431
504	453		legal counsel and for good cause shown, the court may exercise its discretion to exclude432
505		-	H. B. 36
506		-	- 17 - 25 HB 36/AP
507		-	the public from the hearing and the record shall reflect the court's action. The proposed
508		-	433
	454	+	- 17 - 25 HB 36/SCSFA
	455	+	the public from the hearing and the record shall reflect the court's action. The proposed433
509	456		ward or the proposed ward's legal counsel may waive the appearance of the proposed434
510	457		ward at the hearing.435
511	458		(2) The hearing shall be recorded by either a certified court reporter or a sound-recording436
512	459		device. The recording shall be retained for not less than 45 days from the date of the437
513	460		entry of the order described in Code Section 29-5-138.438
514	461		(3) The court shall apply the rules of evidence applicable in civil cases.439
515		-	(4) At the hearing, the proposed ward may also challenge, by appropriate evidence and
516		-	440
	462	+	(4) At the hearing, the proposed ward may also challenge, by appropriate evidence and440
517	463		argument, the sufficiency and weight of the results and conclusions of the evaluation and441
518	464		written report and the qualifications, experience, or abilities of the person performing the442
519	465		evaluation. The proposed ward shall have the right to present such evidence and443
520	466		argument regardless of whether the proposed ward's legal counsel raised such matters in444
521	467		a written response submitted by the proposed ward's legal counsel pursuant to445
522	468		paragraph (6) of subsection (d) of Code Section 29-5-11.446
523	469		(5) The court shall utilize the criteria in Code Section 29-5-1 to determine whether there447
524	470		is clear and convincing evidence of the need for a conservatorship in light of the evidence448
525	471		taken at the hearing. In addition to the evidence at the hearing, the court may consider449
526	472		the evaluation report and any response filed by the proposed ward. The burden of proof450
527	473		shall be upon the petitioner.451
528	474		(6) If the court finds that the proposed ward has one or more developmental disabilities452
529	475		as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is453
530	476		a need for a conservatorship unless the evidence shows by clear and convincing evidence454
531	477		that, due to such developmental disability or disabilities and other factors that may be455
532	478		present, the proposed ward lacks sufficient capacity to make or communicate significant456
533	479		responsible decisions concerning the management of his or her property.457
534	480		(5)(7) Upon determination of the need for a conservatorship, the court shall determine458
535	481		the powers, if any, which are to be retained by the proposed ward, in accordance with the459
536		-	H. B. 36
537		-	- 18 - 25 HB 36/AP
538		-	provisions of Code Section 29-5-21 and whether any additional powers shall be granted
539		-	460
	482	+	- 18 - 25 HB 36/SCSFA
	483	+	provisions of Code Section 29-5-21 and whether any additional powers shall be granted460
540	484		to the conservator pursuant to the provisions of subsections (b) and (c) of Code461
541	485		Section 29-5-23.462
542		-	(6)
543		-	(8) If the court determines that a conservatorship is necessary and the proposed ward463
	486	+	(6)(8) If the court determines that a conservatorship is necessary and the proposed ward463
544	487		is present, the proposed ward may suggest any person as conservator. The court shall464
545	488		select as conservator the person who shall serve the best interest of the ward.465
546	489		(7)(9) In any procedure under this chapter in which the judge of the court is unable to466
547	490		hear a case within the time required for a hearing on the petition for conservatorship, the467
548	491		judge shall appoint an individual to serve to hear the case and exercise all the jurisdiction468
549	492		of the court in the case. Any individual so appointed shall be a member of the State Bar469
550	493		of Georgia who is qualified to serve as the probate judge in that county and who is, in the470
551	494		opinion of the appointing judge, qualified for the duties by training and experience. The471
552	495		appointment may be made on a case-by-case basis or by making a standing appointment472
553	496		of one or more individuals. Any individual who receives a standing appointment shall473
554	497		serve at the pleasure of the judge who makes the appointment or the judge's successor in474
555	498		office. The compensation of an individual so appointed shall be as agreed upon by the475
556	499		judge who makes the appointment and the individual appointed, with the approval of the476
557	500		governing authority of the county for which the individual is appointed, and shall be paid477
558	501		from county funds. All fees collected for the service of the appointed individual shall be478
559	502		paid into the general funds of the county."479
560	503		SECTION 16.480
561	504		Said title is further amended in Code Section 29-5-14, relating to appointment of emergency481
562	505		conservator and requirements of petition, by revising paragraph (1) of subsection (d) as482
563	506		follows:483
564	507		"(d)(1) The petition shall be sworn to by two or more petitioners or shall be supported484
565	508		by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43,485
566		-	H. B. 36
567		-	- 19 - 25 HB 36/AP
	509	+	- 19 - 25 HB 36/SCSFA
568	510		a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant486
569	511		licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in487
570	512		psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a488
571	513		professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical489
572	514		social worker, or, if the proposed ward is a patient in any federal medical facility in which490
573	515		such a physician, psychologist, or physician assistant, nurse practitioner, clinical nurse491
574	516		specialist in psychiatric/mental health, professional counselor, or licensed clinical social492
575	517		worker is not available, a physician, psychologist, or physician assistant, nurse493
576	518		practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor,494
577	519		or licensed clinical social worker authorized to practice in that such federal facility."495
578	520		SECTION 17.496
579	521		Said title is further amended in Code Section 29-5-15, relating to review of petition,497
580	522		dismissal, and requirements of court upon finding need for emergency conservator, by498
581	523		revising subsection (c) as follows:499
582	524		"(c) If the court determines that there is probable cause to believe that the proposed ward500
583	525		is in need of an emergency conservator, the court shall:501
584	526		(1) Immediately appoint legal counsel to represent the proposed ward at the emergency502
585	527		hearing, which counsel may be the same counsel who is appointed to represent the503
586	528		proposed ward in the hearing on the petition for guardianship or conservatorship, if any504
587	529		such petition has been filed, and shall inform counsel of the appointment;505
588	530		(2) Order an emergency hearing to be conducted not sooner than three days nor later than506
589	531		five days after the filing of the petition;507
590	532		(3) Order an evaluation of the proposed ward by a physician an evaluator who shall be508
591	533		a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist509
592	534		licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under510
593	535		Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in511
594		-	H. B. 36
595		-	- 20 - 25 HB 36/AP
	536	+	- 20 - 25 HB 36/SCSFA
596	537		psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a512
597	538		professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical513
598	539		social worker, other than the physician, psychologist, or physician assistant, nurse514
599	540		practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor,515
600	541		or licensed clinical social worker who completed the affidavit attached to the petition516
601	542		pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10, to. Such evaluation517
602	543		shall be conducted within 72 hours of the time such order was issued, and a written report518
603	544		to shall be furnished to the court and made available to the parties within 72 hours such519
604	545		time, which evaluation and report shall be governed by the provisions of subsection (d)520
605	546		of Code Section 29-5-14 29-5-11;521
606	547		(4) Immediately notify the proposed ward of the proceedings by service of all pleadings522
607	548		on the proposed ward, which notice shall:523
608	549		(A) Be served personally on the proposed ward by an officer of the court and shall not524
609	550		be served by mail;525
610	551		(B) Inform the proposed ward that a petition has been filed to have an emergency526
611	552		conservator appointed for the proposed ward, that the proposed ward has the right to527
612	553		attend any hearing that is held, and that, if an emergency conservator is appointed, the528
613	554		proposed ward may lose important rights to control the management of the proposed529
614	555		ward's property;530
615	556		(C) Inform the proposed ward of the place and time at which the proposed ward shall531
616	557		submit to the evaluation provided for by paragraph (3) of this subsection;532
617	558		(D) Inform the proposed ward of the appointment of legal counsel; and533
618	559		(E) Inform the proposed ward of the date and time of the hearing on the emergency534
619	560		conservatorship; and535
620	561		(5) Appoint an emergency conservator to serve until the emergency hearing, with or536
621	562		without prior notice to the proposed ward, if the threatened risk is so immediate and the537
622	563		potential harm so irreparable that any delay is unreasonable and the existence of the538
623		-	H. B. 36
624		-	- 21 - 25 HB 36/AP
625		-	threatened risk and potential for irreparable harm is certified by the affidavit of a
626		-	539
	564	+	- 21 - 25 HB 36/SCSFA
	565	+	threatened risk and potential for irreparable harm is certified by the affidavit of a539
627	566		physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist540
628		-	licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under
629		-	541
	567	+	licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under541
630	568		Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in542
631	569		psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a543
632	570		professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical544
633	571		social worker; provided, however, that, pending the emergency hearing, the court shall545
634	572		order that no withdrawals may be made from any account on the authority of the546
635	573		proposed ward's signature without the court's prior approval and that the emergency547
636	574		conservator shall not expend any funds of the proposed ward without prior court548
637	575		approval. Appointment of an emergency conservator under this paragraph is not a final549
638	576		determination of the proposed ward's need for a nonemergency conservator. Any550
639	577		emergency conservator appointed under this paragraph shall have only those powers and551
640	578		duties specifically enumerated in the letters of emergency conservatorship; such powers552
641	579		and duties shall not exceed those absolutely necessary to respond to the immediate553
642	580		threatened risk to the ward; and such powers and duties shall be subject to the limitations554
643	581		provided in this paragraph regarding the expenditures of funds of the ward."555
644	582		SECTION 18.556
645	583		Said title is further amended by revising Code Section 29-5-16, relating to emergency557
646	584		conservatorship hearing and limitations on powers of emergency conservator, as follows:558
647	585		"29-5-16.559
648	586		(a) The court shall conduct the emergency conservatorship hearing at the time and date set560
649	587		forth in its order to determine whether there is clear and convincing evidence of the need561
650	588		for an emergency conservatorship in light of the evidence taken at the hearing. In addition562
651	589		to the evidence at the hearing, the court may consider the evaluation report and any563
652	590		response filed by the proposed ward. The proposed ward may also challenge, by564
653		-	H. B. 36
654		-	- 22 - 25 HB 36/AP
	591	+	- 22 - 25 HB 36/SCSFA
655	592		appropriate evidence and argument, the sufficiency and weight of the results and565
656	593		conclusions of the evaluation and written report and the qualifications, experience, or566
657	594		abilities of the person performing the evaluation. The burden of proof shall be upon the567
658	595		petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant568
659	596		a continuance of the case for a period not to exceed 30 days.569
660	597		(b) If the court at the emergency hearing finds that an emergency conservatorship is570
661	598		necessary, the court shall order the emergency conservatorship; provided, however, that:571
662	599		(1) Any emergency conservator shall have only those powers and duties specifically572
663	600		enumerated in the letters of emergency conservatorship and the powers and duties shall573
664	601		not exceed those absolutely necessary to respond to the immediate threatened risk to the574
665	602		ward;575
666	603		(2) The court may order the emergency conservator to make any report the court576
667	604		requires;577
668	605		(3) If the court finds that the proposed ward has one or more developmental disabilities578
669	606		as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is579
670	607		a need for an emergency conservatorship unless the evidence shows by clear and580
671	608		convincing evidence that, due to such developmental disability or disabilities and other581
672	609		factors that may be present, the proposed ward lacks sufficient capacity to make or582
673	610		communicate significant responsible decisions concerning the management of his or her583
674	611		property and there is an immediate and substantial risk of irreparable waste or dissipation584
675	612		of the proposed ward's property unless an emergency conservator is appointed; and585
676	613		(3)(4) The emergency conservatorship shall terminate on the earliest of:586
677	614		(A) The court's removal of the emergency conservator, with or without cause;587
678	615		(B) The effective date of the appointment of a conservator;588
679	616		(C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for589
680	617		appointment of a conservator;590
681		-	H. B. 36
682		-	- 23 - 25 HB 36/AP
683		-	(D) The date specified for the termination in the order appointing the emergency
684		-	591
	618	+	- 23 - 25 HB 36/SCSFA
	619	+	(D) The date specified for the termination in the order appointing the emergency591
685	620		conservator; or592
686	621		(E) Sixty days from the date of appointment of the emergency conservator."593
687	622		SECTION 19.594
688	623		Said title is further amended in Code Section 29-5-23, relating to authority of conservator595
689	624		and cooperation with guardian or other interested parties, by revising paragraph (13) of596
690	625		subsection (a) and paragraph (5) of subsection (c) as follows:597
691	626		"(13) Compromise any contested or doubtful claim for or against the ward if the598
692		-	proposed gross settlement as defined in Code Section 29-3-3
693		-	is in the amount599
	627	+	proposed gross settlement as defined in Code Section 29-3-3 is in the amount599
694	628		of $25,000.00 or less, provided that, for purposes of this paragraph, the term 'gross600
695	629		settlement' means the present value of all amounts paid or to be paid in settlement of the601
696	630		claim, including cash, medical expenses, expenses of litigation, attorney's fees, and any602
697	631		amounts allocated to a structured settlement or other similar financial arrangement; and"603
698	632		"(5) To compromise a contested or doubtful claim for or against the ward if the proposed604
699	633		gross settlement as defined in Code Section 29-3-3 is more than $25,000.00, provided605
700	634		that, for purposes of this paragraph, the term 'gross settlement' means the present value606
701	635		of all amounts paid or to be paid in settlement of the claim, including cash, medical607
702	636		expenses, expenses of litigation, attorney's fees, and any amounts allocated to a structured608
703	637		settlement or other similar financial arrangement;"609
704	638		SECTION 20.610
705	639		Said title is further amended in Code Section 29-5-71, relating to modification of611
706	640		conservatorship, contents of petition for modification, and burden of proof, by revising612
707	641		subsection (b) as follows:613
708	642		"(b) If the petition for modification alleges a significant change in the capacity of the ward,614
709	643		it must be supported either by the affidavits of two persons who have knowledge of the615
710		-	H. B. 36
711		-	- 24 - 25 HB 36/AP
712		-	ward, one of whom may be the petitioner, or of a physician licensed to practice medicine
713		-	616
	644	+	- 24 - 25 HB 36/SCSFA
	645	+	ward, one of whom may be the petitioner, or of a physician licensed to practice medicine616
714	646		under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title617
715		-	43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or
716		-	618
	647	+	43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or618
717	648		clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26619
718	649		of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed620
719	650		clinical social worker, setting forth the supporting facts and determinations. If, after621
720	651		reviewing the petition and the affidavits, the court determines that there is no probable622
721	652		cause to believe that there has been a significant change in the capacity of the ward, the623
722	653		court shall dismiss the petition. If the petition is not dismissed, the court shall order that624
723	654		an evaluation be conducted, in accordance with the provisions of subsection (d) of Code625
724	655		Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no626
725	656		probable cause to believe that there has been a significant change in the capacity of the627
726	657		ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall628
727	658		schedule a hearing, with such notice as the court deems appropriate."629
728	659		SECTION 21.630
729	660		Said title is further amended in Code Section 29-5-72, relating to termination of631
730	661		conservatorship, required evidence to support, burden of proof, and death of ward, by632
731	662		revising subsection (b) as follows:633
732	663		"(b) A petition for termination must be supported either by the affidavits of two persons634
733	664		who have knowledge of the ward, one of whom may be the petitioner, or of a physician635
734	665		licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to636
735	666		practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of637
736	667		Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health638
737	668		licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under639
738	669		Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the supporting640
739	670		facts and determinations. If, after reviewing the petition and the affidavits, the court641
740		-	H. B. 36
741		-	- 25 - 25 HB 36/AP
742		-	determines that there is no probable cause to believe that the conservatorship should be
743		-	642
	671	+	- 25 - 25 HB 36/SCSFA
	672	+	determines that there is no probable cause to believe that the conservatorship should be642
744	673		terminated, the court shall dismiss the petition. If the petition is not dismissed, the court643
745	674		shall order that an evaluation be conducted in accordance with the provisions of644
746	675		subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court645
747	676		finds that there is no probable cause to believe that the conservatorship should be646
748	677		terminated, the court shall dismiss the petition. If the petition is not dismissed, the court647
749	678		shall schedule a hearing with such notice as the court deems appropriate."648
750	679		SECTION 22.649
751	680		Said title is further amended in Code Section 29-5-110, relating to proceedings for appeal,650
752	681		appointment of guardians ad litem, bond and security prior to removal, liability of surety of651
753	682		predecessor conservator, and jurisdiction, by revising subsection (d) as follows:652
754	683		"(d) Pending any appeal, the superior court or a probate court that is described in653
755	684		paragraph (2) of Code Section 15-9-120 may appoint an emergency conservator with654
756	685		powers and duties as are described in Code Section 29-5-16; provided, however, that such655
757	686		emergency conservator may be appointed only upon the filing of an affidavit of a physician656
758	687		licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to657
759		-	practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of
760		-	658
	688	+	practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of658
761	689		Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health659
762	690		licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under660
763	691		Chapter 10A of Title 43, or a licensed clinical social worker, setting forth the existence of661
764	692		the emergency circumstances described in subsection (d) of Code Section 29-5-14 and after662
765	693		a hearing at which other evidence may be presented. The appointment of an emergency663
766	694		conservator is not appealable."664
767	695		SECTION 23.665
768		-	H. B. 36
769		-	- 26 - 25 HB 36/AP
770		-	Said title is further amended by revising Code Section 29-9-16, relating to compensation to
771		-	666
	696	+	- 26 - 25 HB 36/SCSFA
	697	+	Said title is further amended by revising Code Section 29-9-16, relating to compensation to666
772	698		physicians, psychologists, or licensed clinical social workers, as follows:667
773	699		"29-9-16.668
774	700		(a) For the evaluation or examination required by subsection (d) of Code Section 29-4-11,669
775	701		subsection (c) of Code Section 29-4-15, subsection (b) of Code Section 29-4-42,670
776	702		subsection (d) of Code Section 29-5-11, subsection (c) of Code Section 29-5-15, or671
777		-	subsection (b) of Code Section 29-5-71, the evaluating physician, psychologist, or
778		-	672
	703	+	subsection (b) of Code Section 29-5-71, the evaluating physician, psychologist, or672
779	704		physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,673
780	705		professional counselor, or licensed clinical social worker shall receive a reasonable fee674
781	706		commensurate with the task performed, plus actual expenses.675
782	707		(b) In the event the attendance of the evaluating physician, psychologist, or physician676
783	708		assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health,677
784	709		professional counselor, or licensed clinical social worker shall be required by the court for678
785	710		a hearing under subsection (d) of Code Section 29-4-12, subsection (a) of Code Section679
786	711		29-4-16, subsection (b) of Code Section 29-4-42, subsection (d) of Code Section 29-5-12,680
787	712		subsection (a) of Code Section 29-5-16, or subsection (b) of Code Section 29-5-71, other681
788	713		than pursuant to a subpoena requested by a party to the proceeding, the evaluating682
789	714		physician, psychologist, or physician assistant, nurse practitioner, clinical nurse specialist683
790	715		in psychiatric/mental health, professional counselor, or licensed clinical social worker shall684
791	716		receive a reasonable fee commensurate with the task performed, plus actual expenses.685
792	717		(c) All fees and expenses payable under subsection (a) or (b) of this Code section shall be686
793	718		assessed by the court and paid in accordance with the provisions of Code Section 29-9-3."687
794	719		SECTION 24.688
795	720		All laws and parts of laws in conflict with this Act are repealed. 689
796		-	H. B. 36
797	721		- 27 -