Gnann v. Woodall

The Supreme Court recently addressed the extent of a probate court's jurisdiction. In Gnann v. Woodall, 270 Ga. 516 (511 S.E.2d 188) (1999) the Supreme Court was asked to consider whether a probate court, in refusing to approve the settlement of a malpractice case brought on behalf of an incapacitated ward, had the authority to require attorneys to pay into the court registry the settlement funds the attorneys had disbursed to themselves and then hold them in contempt for failing to do so. In concluding that a probate court does have such authority, the Supreme Court noted that probate courts have "original, exclusive, and general jurisdiction" over the appointment and removal of guardians, controversies as to the right of guardianship, and "(a)ll other matters and things as appertain or relate . . . to persons who are (mentally) incompetent. . . ." O.C.G.A. 15-9-30 (a) (5), (6), (10).