In re Estate of Davis

Because the majority’s interpretation of OCGA§§ 29-4-11 and 29-5-11 will lead to unreasonable results and impermissibly wrest discretion from the probate courts of Georgia, I respectfully dissent.

As a threshold matter, while the majority notes that an evaluation did not occur as scheduled on November 22, 2013 due to the proposed ward’s refusal to participate without counsel present, the report filed by the evaluator nonetheless included information upon which the probate court could base its ruling. Specifically, the evaluator found:

This evaluator does not have enough information based on…