Free 20. Petition for Leave to Encroach on Corpus - Georgia

GEORGIA PROBATE COU RT STAND ARD FORM

Petition for Leave to Encroach on Corpus INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for Leave to Encroach on Corpus pursuant to O.C.G.A. §29-3-22 (c) and 29-5-23 (c). A guardian ad litem must be appointed each time this Petition is filed.

2. II.

General Instructions

General instructions applicable to all Georgia probate court standard forms appear in Volume 255 of the Georgia Reports and are available in each probate court.

IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ) ) , ) ) ) , ) ) ESTATE NO.

COUNTY

MINOR/WARD

PETITION FOR LEAVE TO ENCROACH ON CORPUS

CONSERVATOR(S)

TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of , Conservator(s) of , (adult ward) (minor) shows:

1. As such conservator(s), petitioner(s) has/have in hand assets valued at $ The conservator(s) expect(s) that the minor/ward will have income of $ the next accounting period. . during

2. The income from said assets or budget approved by the Court, if any, is insufficient for the maintenance, support and education of said minor/ward (and/or who is/are legally dependent upon said ward).
Effective 7/07

,

-1-

GPCSF 20 Com plete

3. There are no other assets available to petitioner(s) to maintain, support and educate the person(s) indicated in Paragraph 2 above.

4. By prior Court Order(s), the petitioner(s) was/were permitted to disburse $ month for the benefit of the minor/ward. per

5. Since the inception of the conservatorship, petitioner(s) has/have previously encroached on the corpus of this estate in the total amount of approximately $ .

6. The encroachment requested in this petition is needed for the following purpose(s) of maintenance, support or education of the person(s) indicated in Paragraph 2 above in order to provide the following specific items (attach separate sheet if necessary):

. WHEREFORE petitioner(s) pray(s) that the Court 1. 2. appoint a guardian ad litem, and grant an order allowing petitioner to expend from the corpus of the minor/ward's estate, the sum of $ for the purposes set forth above.

Signature of first petitioner

Signature of second petitioner, if any

Printed Name

Printed Name

Address

Address

Telephone Number
Effective 7/07

Telephone Number
-2GPCSF 20 Com plete

Signature of Attorney:

Typed/printed name of Attorney: Address:

Telephone:

State Bar #

VERIFICATION

GEORGIA,

COUNTY

Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true.

Sworn to and subscribed before me this day of

, 20

. First Petitioner

NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires -----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of

, 20

. Second Petitioner, if any

NOTARY/CLERK OF PROBATE COURT My Commission Expires

Printed Name

Effective 7/07

-3-

GPCSF 20 Com plete

IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: , MINOR/WARD , CONSERVATOR(S) ) ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION TO ENCROACH

ORDER APPOINTING GUARDIAN AD LITEM A Petition to Encroach being filed by the conservator(s) of the above named minor/ward, it is hereby ORDERED that is appointed guardian ad litem for the

above minor/ward. The deputy clerk shall serve said guardian ad litem with a copy of this Order and the above Petition. Upon said guardian ad litem's acceptance of same, said guardian ad litem shall make answer hereto.

SO ORDERED this

day of

, 20

.

Probate Judge

Effective 7/07

-4-

GPCSF 20 Com plete

IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: , MINOR/WARD , CONSERVATOR(S) ) ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION TO ENCROACH

ANSWER OF GUARDIAN AD LITEM I hereby accept the foregoing appointment, acknowledge service and notice of the proceedings as provided by law, and for answer say:

DATE

GUARDIAN AD LITEM

ADDRESS

TELEPHONE

Effective 7/07

-5-

GPCSF 20 Com plete

IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: , MINOR/WARD , CONSERVATOR(S) ) ) ) ) ) ) ) ESTATE NO.

COUNTY

PETITION TO ENCROACH

ORDER Upon reading and considering the foregoing petition, and it appearing that the averments therein made are true, and the guardian ad litem for the minor/ward filing an answer to the petition which raised no objection to the grant of the Petition; it is ordered that, to the extent indicated below, the same be, and is hereby, granted; said conservator(s) is/are hereby (initial applicable): a. allowed to expend from the corpus of said minor's/ward's estate up to the sum of $ for the specific items set forth in said petition for

the purpose of maintenance, support or education of the person(s) indicated in Paragraph 2 of the petition, and said Conservator(s) must show in his/her/their annual returns how such funds are actually spent. b. allowed to increase his/her/their monthly budget to $ per

month and said Conservator(s) must show in his/her/their annual returns how such funds are actually spent.

SO ORDERED this

day of

, 20

.

Probate Judge

Effective 7/07

-6-

GPCSF 20 Com plete