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In re Estate of Thompson

The trial court erred in refusing counsel's request to cross-examine the adult ward's guardian ad litem at a hearing on an appeal from the probate court's order granting guardianship of the ward to her father, rather than her grandmother, since the clear language of O.C.G.A. § 29-9-3 prohibits an attorney from acting as both an advocate and a guardian ad litem.

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Robyn Thompson is a developmentally disabled adult and the daughter of Ben Thompson. Janice Driggers, Ben’s mother, appeals from an order granting guardianship of Robyn to Ben. Driggers contends that the superior court erred by refusing her counsel’s request to question Robyn’s guardian ad litem GAL. For the reasons that follow, we reverse and remand for a new hearing.

The record shows that Driggers filed a petition in the probate court seeking appointment as Robyn’s guardian.1 Ben responded with a petition seeking guardianship of Robyn. Driggers was appointed to act as emergency guardian, and Joey Marchant, an attorney, was appointed to represent Robyn.2 Following a hearing, the probate court entered an order granting guardianship to Ben, and Driggers appealed to the superior court. After a de novo review, including a hearing with Marchant participating as an attorney for Robyn, the superior court appointed Ben as guardian.3 Driggers now appeals.

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