[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6361336,"mediaKeyId","2170813-8b4d572a2a5279bc9e9b0997a0cde646","parentId",2170813,"title","House panel advances bill expanding who may evaluate adults for guardianship and conservatorship","audioSeconds",1455,"startMs",1461000,"endMs",5860,"viewUrl","/Search/View?dp=1&key=2170813-8b4d572a2a5279bc9e9b0997a0cde646&start=1461&end=5","thumbnailUrl","https://assets.pipeline.soar.com/2170813-8b4d572a2a5279bc9e9b0997a0cde646/thumbnail_1461000.jpg","articleUrl","/articles/6361336/Georgia/House-panel-advances-bill-expanding-who-may-evaluate-adults-for-guardianship-and-conservatorship","mediaUrl","https://secure.pipeline.soar.com/6361336-850852536ea74907a6313753aca5387d/orig.mp4?Expires=1771156263&Signature=Hzork5LL-xyT05UX~5~9ADQXdoK5ovQx4MuS3LbgkHb2cSzd6VhsCnceMnOyMX9dYiQROo68i3Go2Dj9S87X8SAtQl3GsU5PWH1z0WpnV1uo46P~PN1MlaEmHanMpVfs~xrZ7~fvBfoSQJti8osA-~ZPmI-KptZ9tRX6PtWT204SqDp~zDQyemevKiWHzrOoSFlp2MBpKYGDUQJ59bbNwId9XDTCUvRFIX-yFDFjFtwNlGS47gDy~kEZSLHlZlPIuvWA4sNMK~3YED-HL7PCl~Jol8L652K-BnD~5ZsD4vz1sPqfMnPcxMKYzG9OZoVv6DEjxN0Ox35aX-0NByterg__&Key-Pair-Id=KUT5TJCACFTXG","author","Georgia State Legislature ","date","2025-01-28T00:00:00Z","article","The House Judiciary Committee advanced House Bill 36 after extensive testimony from probate judges, disability advocates and professional licensing groups about who should be qualified to perform court-ordered evaluations in guardianship and conservatorship proceedings.

The bill’s sponsor told the committee the measure expands the list of professionals who may provide capacity evaluations in probate court to include physician assistants, nurse practitioners and clinical nurse specialists in psychiatric and mental health, licensed professional counselors and licensed marriage and family therapists. \"We're trying to provide a process that will relieve some of that pressure,\" the sponsor said, noting courts sometimes cannot find evaluators and cases can languish.

Supporters — including the Probate Judges Council and representatives of licensed professional counselors and advanced practice nurses — said the current list (physicians, psychologists and licensed clinical social workers) is too small in some counties and that expanding the pool will speed evaluations and protect due process by ensuring an independent evaluation can be completed within statutory timelines. Judge Kristen Polin, an associate judge in Cobb County, said probate courts regularly must appoint a neutral evaluator within 72 hours for emergency petitions and that smaller and rural counties often lack available doctors or psychologists. \"This is just kind of expanding our tool to be able to do our statutory duty under the code,\" Polin said.

Opponents — including self-advocates and members of the developmental-disabilities community — said the added professions do not necessarily have specialized training to assess cognitive or functional capacity in people with intellectual and developmental disabilities and warned the change could increase inappropriate or unnecessary guardianships. \"Supported decision making should always be the first consideration before guardianship,\" said Sheila Jeffrey, who testified in opposition. Jessica Cowell of the Georgia Council on Developmental Disabilities urged the committee to prioritize alternatives to guardianship and to ensure rigorous training for any evaluators.

Professional groups testified in support. Elizabeth Apley of the Georgia Association for Marriage and Family Therapy told lawmakers licensed marriage and family therapists have graduate training, postgraduate clinical experience and a national licensing exam; she said MFTs and other licensed mental-health professionals are regulated by the same state boards that oversee similar practitioners. Robin Pinkston, a family nurse practitioner and director of government relations for the United Advanced Practice Registered Nurses of Georgia, described competency and functional assessment as routine practice for advanced practice nurses working with older adults.

Committee members asked how the bill’s language treats settlements and conservatorship financial limits; one member sought clarity on the definition of \"structured settlement\" and whether portions allocated to annuities would count toward the statutory dollar threshold for a conservator to settle claims. The sponsor said the language aligns with prior changes to minor-settlement law and agreed to review wording concerns.

Judge Polin and others described court safeguards already in place: petitioners must present evidence, courts appoint independent evaluators (a separate third-party evaluation is ordered after an initial probable-cause review), proposed wards are served and, if they lack counsel within 48 hours, courts appoint attorneys to represent the proposed ward; at hearing the petitioner bears the burden of proof by clear and convincing evidence. Polin said probate courts also may limit the scope of a guardianship and aim to remove only the rights necessary for the individual's needs.

After extended debate and multiple questions from members, the committee voted to advance House Bill 36. The vote was taken by voice; a committee member recorded a no vote on the record during closing remarks but no roll-call tally was reported in the transcript.

What this does and does not do: The bill would expand which licensed professionals may conduct evaluations required by probate courts. It does not change the statutory standard for imposing guardianship or conservatorship; courts still hold hearings, appoint counsel for proposed wards in emergency and nonemergency cases when needed, and may limit the scope of any guardianship order.

","mediaType","Video","parentTitle","01.28.25 Judiciary","oneSentenceSummary","The House Judiciary Committee voted to advance House Bill 36, which would expand the list of licensed professionals who may perform probate-court evaluations used in guardianship and conservatorship proceedings.","taxTitle","2025 Legislature Georgia , Georgia","taxId",77688,"location","Georgia","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6361341,"House Judiciary Committee backs bill to add third judge to Alapaha Judicial Circuit",750,672000,1422000,"/Search/View?dp=1&key=2170813-8b4d572a2a5279bc9e9b0997a0cde646&start=672&end=1422","https://assets.pipeline.soar.com/2170813-8b4d572a2a5279bc9e9b0997a0cde646/thumbnail_672000.jpg","/articles/6361341/Georgia/House-Judiciary-Committee-backs-bill-to-add-third-judge-to-Alapaha-Judicial-Circuit","https://secure.pipeline.soar.com/6361341-c04cb40d1c5a5a0f3b73466b1d1d301f/orig.mp4?Expires=1771156263&Signature=h1dpGhEhLgi0GK6Z5JyPF4Pfgfvja8vCJSCkjiNBhrfKTPltz4-YdYs5lvGVn9Duu-wbL7pHYMVWClLVwUZcbzTcyQo5oHSF0uDpMOt1qAZpaIQihLD~OWydo7yV1Vuoj-8dKhUIN6wnR2TndKQwqanqossa4jgfzZDNyfEYRjLzUyj3MV3iXlqHATkHGyoMBX7mbEPMRF433NVMF9Z2na~76Qjj9aa5wRAxghqdGf4de1NvFPksRpDy9qcKmT4RqHN7lswgfPaopXSweGn41fKdIz~S1QSkglxNIFQ--mjDGaEWEZlq-kvjUpb209BsSzjHb8z85l9j2VpxqDTd2A__&Key-Pair-Id=KUT5TJCACFTXG","The House Judiciary Committee voted to advance House Bill 55, which would add a third superior court judgeship to the Alapaha Judicial Circuit, after testimony from the bill’s sponsor and a local judge who said caseloads in the five-county circuit have grown substantially.

Representative John Ford, sponsor of House Bill 55, told the committee the circuit — which covers Atkinson, Berrien, Clinch, Cook and Lanier counties — ranked first on the Judicial Council’s workload study and that funding for an additional judge is included in Governor Brian Kemp’s budget. \"This circuit includes Atkinson, Berrien, Clinch, Cook, and Lanier Counties. As you can see on the worksheet we provided, the judicial circuit ranked number 1 on the Judicial Council's workload study,\" Ford said.

Judge Clay Tomlinson of the Alapaha Judicial Circuit described a sustained decade-long increase in both criminal and civil filings and said the circuit has operated with two judges since 1979. \"We’ve really reached our maximum on the workload and the service that we can do to our citizens,\" Tomlinson said, adding that judges travel among five courthouses and many litigants are self-represented.

Tomlinson provided numbers during questioning: the combined population of the five counties is about 65,000 and the circuit currently has roughly 8,000 open cases across both judges. He also cited the circuit’s workload assessment number of 1.42 and said population in the counties has risen roughly 33 percent since 1979, while caseloads have doubled since the second judgeship was added in 1979.

Committee members asked about local commitments to fund or supplement a new judge. Tomlinson said all five counties have provided letters of support from county commission chairs, sheriffs and local officials and that each county has immediate physical space to house a new judge and supporting staff. Representative Ford and witnesses confirmed the judgeship was included as a line item in the judicial budget submitted as part of the governor’s budget.

After questions from members on timing and appropriations, Chairman Smith called the motion and the committee voted to report the bill out of committee with a do-pass recommendation. The committee did not record a roll-call tally during the voice vote.

Votes at a glance: the committee approved sending House Bill 55 to the next stage with a do-pass recommendation; the motion was seconded and approved by voice vote.

Background: The Alapaha Judicial Circuit’s testimony emphasized that rural counties can face serious criminal matters related to major highways that cross the area; Rep. Ford noted that Interstate 75 runs through Cook County. Witnesses said the local criminal justice system has expanded other state-supported functions — probation officers, prosecutors and public defenders — while the number of superior court judges remained unchanged since 1979.

What’s next: The bill will move to the next step in the legislative process; committee members discussed timing of an effective date and coordination with the Appropriations Committee on funding.

","The Georgia House Judiciary Committee approved House Bill 55 to create a third superior court judgeship for the Alapaha Judicial Circuit after testimony from local officials citing rising caseloads and county support; the position is included in the governor’s budget.","actionData","errors"]

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House panel advances bill expanding who may evaluate adults for guardianship and conservatorship

House Judiciary Committee backs bill to add third judge to Alapaha Judicial Circuit