Free 30. Petition for Letters of Conservatorship of Minor - Georgia

GEORGIA PROBATE COURT STANDARD FORM

Petition for Letters of Conservatorship of Minor INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for Letters of Conservatorship of Minor, with Bond, in the following situations: (a) A doubtful claim is being compromised by a natural guardian and the net settlement amount is more than $15,000.00. A natural guardian, defined pursuant to O.C.G.A. §29-2-3, is each parent, unless the parents are divorced and one parent has sole custody of the minor, in which case the sole custodian is the sole natural guardian. If the parents have joint legal custody, both parents are the natural guardians of the minor. All other cases where a minor is receiving property which requires management by a conservator.

(b)

2.

The court may require the petitioner to submit additional information concerning the petitioner's qualifications to serve as conservator, in addition to the information required on this standard form. According to Probate Court Rule 22 (A), unless the court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. Pages after 6 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court.

3.

II.

General Instructions

General instructions applicable to all Georgia probate court standard forms are available in each probate court.

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GPCSF 30 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

PETITION FOR LETTERS OF CONSERVATORSHIP OF MINOR

TO THE HONORABLE JUDGE OF THE PROBATE COURT: 1. The Petition of domiciled in for the above minor, age security number is , who is/are county, and moves this Court to appoint a conservator/conservators , whose date of birth is ; and who is found at (address) in (initial if applicable) and who is a citizen of a foreign country, (if a guardianship or conservatorship is granted, pursuant to The Vienna Convention, the Probate Court must notify the consul) shows: 2. Said minor is entitled to personal/real property with the approximate value of $ reason of . 3. Petitioner(s) move(s) the Court to appoint as conservator(s), who is/are related to the minor as follows: and who is/are domiciled at , County, Georgia; 4. (Initial if applicable:) There is a notarized or witnessed document made by a parent of the minor that deals with the conservatorship of the minor, and the nominated conservator is whose address and telephone number are . County, Georgia, , whose social

by

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5. Excluding the petitioner(s) and nominated conservator(s), the minor's nearest relatives whose whereabouts are known are as follows: (show parents whose rights have not been terminated; if none, adult siblings of the minor; if none, the grandparents of the minor; if none, any nearest relatives of the minor so that three individuals are named) Name a. b. c. Address Telephone No. Relationship to Minor

6. Other than the assets shown in paragraph 2, the minor currently has the following assets (or "none"): ; has/will have the following income: ; has/will have the following sources of funds: ; and the following liabilities and expenses: . The minor has an interest in real property located in County(ies), .

7. The proposed conservator(s) has/have the following financial interest in relation to the minor's estate: ; (i.e. joint ownership of property or any other type of financial interest in the minor's property or "n/a"). 8. The petitioner(s) request(s) that the proposed conservator(s) be granted the following powers pursuant to O.C.G.A. §29-3-22 (b) (initial those requested, and provide the reasons for the request below): to invest the minor´s property other than as authorized in Code Section 29-3-32 without further court approval in the following investments ; b. to sell, rent, lease, exchange, or otherwise dispose of any or all of the minor´s real or personal property without complying with the provisions of Code Section 29-3-35, other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35; c. to continue the operation of any farm or business in which the minor has an interest. These powers are sought because . a.

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9. The petitioner(s) request(s) that a guardian ad litem be appointed because the following powers pursuant to O.C.G.A. §29-3-22 (c) are sought:

10. A surety bond in the amount of $ issued by (name of surety) (agent's name, address, and telephone number)

is being filed as part of this Petition or will be provided to the Court prior to the issuance of Letters of Conservatorship.

11. Regarding a guardian appointed for the minor (initial all that apply): a. b. No guardian has been appointed for the minor. There has been a guardian appointed for the minor, being whose address is

c.

There is a Petition for Guardianship of the minor pending before the County Probate Court.

12. Additional Data: Where full particulars are lacking, state here the reasons for any such omission.

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GPCSF 30 Petitioner

WHEREFORE, petitioner(s) pray(s) that 1. said bond be duly filed, accepted and recorded, 2. service be perfected as required by law; and 3. the nominated conservator(s) be vested with authority as conservator(s) of said minor.

Signature of first petitioner

Signature of second petitioner, if any

Printed Name

Printed Name

Address

Address

Telephone Number Signature of Attorney: Typed/printed name of Attorney: Address: Telephone:

Telephone Number

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
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Printed Name
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PROBATE COURT OF STATE OF GEORGIA IN RE: , MINOR ) ) ) )

COUNTY

ESTATE NO. PETITION FOR LETTERS OF CONSERVATORSHIP OF MINOR

SELECTION

I, the undersigned minor, being 14 years of age or older and a resident of County, select to be appointed my conservator(s), this day of , 20 .

Signature of Minor if age 14 or over

Printed Name

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GPCSF 30 Petitioner

ACKNOWLEDGMENT OF SERVICE AND ASSENT TO PETITION FOR APPOINTMENT OF CONSERVATOR IN RE: ESTATE OF ESTATE NO.

We, the undersigned, being over 18 years of age, laboring under no legal disability and being interested persons named in the foregoing Petition, hereby acknowledge service of a copy of the petition, waive further service and notice, and hereby assent to the appointment of the nominated conservator(s) for the above minor without further delay. SIGNATURE OF INTERESTED PERSON Sworn to and subscribed before me this day of

, 20

.

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

, 20

.

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

, 20

.

NOTARY/CLERK OF PROBATE COURT My Commission Expires

Printed Name

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GEORGIA PROBATE COURT STANDARD FORM

Petition for Letters of Conservatorship of Minor

Pages after 6 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court.

NOTICE: THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE PROBATE COURT RULE 22 (A).

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GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

MINOR

PETITION FOR LETTERS OF CONSERVATORSHIP OF MINOR

ORDER FOR SERVICE OF NOTICE AND APPOINTMENT OF GUARDIAN AD LITEM The foregoing petition for Letters of Conservatorship having been filed, and it appearing that the following interested parties did not acknowledge service, it is ORDERED that notice be served on the individuals listed in paragraphs 4 and 5 of the Petition: (Initial any and all of the following which apply:) a. Notice must be served personally on the following individual(s) who reside in Georgia:

b.

Notice must be served by first class mail, at least 14 days before the Petition can be granted, on the following individual(s) who reside outside this state at a known address:

c.

Notice must be served by publication once per week for two weeks in the newspaper in this county in which sheriff's advertisements are published to the following individuals, whose addresses are unknown:

d.

IT IS FURTHER ORDERED that, powers being sought pursuant to O.C.G.A. §29-3-22(c), is appointed guardian ad

litem for the above minor. The clerk/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
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NOTICE PROBATE COURT OF RE: COUNTY ESTATE NO.

PETITION FOR LETTERS OF CONSERVATORSHIP OF , A MINOR, WITH BOND Date of Mailing, if any:

Date of Second Publication, if any:
(initial applicable):

a.

TO: (all interested persons having known addresses outside this state to be served by first class mail)

This is to notify you to file objection, if there is any, either to the establishment of the conservatorship or to the selection of the identified individual as conservator or both, in this Court on or before the fourteenth (14th) day after , 20 (the date of the mailing of this Notice to you by first class mail. b. TO: (all interested persons who reside in Georgia to be served personally) , This is to notify you to file objection, if there is any, either to the establishment of the conservatorship or to the selection of the identified individual as conservator or both, in this Court on or before the tenth (10th) day after the date you are personally served. c. TO: (all interested persons whose addresses are unknown) , This is to notify you to file objection, if there is any, either to the establishment of the conservatorship or to the selection of the identified individual as conservator or both, within 10 days following the date of the second publication of this citation. BE NOTIFIED FURTHER: All pleadings must be signed before a notary public or probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number for the required amount of filing fees. If an objection is filed, a hearing will be (held in the Probate Court of County, courtroom , Georgia on o'clock hearing. PROBATE JUDGE By: PROBATE CLERK/DEPUTY CLERK ADDRESS TELEPHONE
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, (address) at

.m.) (scheduled at a later date). If no objection is filed, the petition may be granted without a

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

COUNTY

MINOR

PETITION FOR LETTERS OF CONSERVATORSHIP OF MINOR

CONSERVATOR(S)

ORDER

The petition for Letters of Conservatorship of Minor having been read and considered, and it appearing that the facts stated therein are true, and that it is in the best interest of the minor to appoint the above conservator(s), IT IS ORDERED that vested with all the authority as Conservator(s) of said minor, to receive the minor's estate and manage it according to law and that Letters of Conservatorship issue upon the taking of the prescribed oath and upon the posting of bond in the amount of $ . Said Conservator(s) should be appointed because be

. The
appointed conservator(s) shall have no authority to act on behalf of the ward until Letters of Conservatorship have issued.

IT IS FURTHER ORDERED that the Conservator(s) requested and shall have the following powers pursuant to O.C.G.A. §29-3-22(b): (initial those applicable)
a. to invest the minor´s property in the following investments, being investments other than those authorized in Code Section 29-3-32 without further court approval:

; b. to sell, rent, lease, exchange, or otherwise dispose of the minor's following real or personal property without complying with the provisions of Code Section 29-3-35, other than the provisions for additional bond set forth in subsection (e) of Code Section 2-3-35: ; c. to continue the operation of the following farm or business in which the minor has an interest: .

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and after notice to the appointed guardian ad litem, the following powers pursuant to O.C.G.A. §29-3-22(c) (initial all applicable): a. to make disbursements that exceed the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 by no more than $

per (month)(year) for the support, care, education,

health, and welfare of the minor; subject to subsequent court order. b. to enter into contracts for labor or services, being , for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30; c. to compromise a contested or doubtful claim for or against the minor pursuant to the provisions of Code Section 29-3-3, being a claim made by/against ; d. to release a debtor and compromise a debt when the collection of the debt is doubtful; e. to establish or add the following property to a trust for the benefit of the minor pursuant to Code Section 29-3-22: f. to disclaim or renounce any property or interest in the following property of the minor in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998: g. to engage in estate planning for the minor pursuant to the provisions of Code Section 293-36. (initial if applicable:) IT IS FURTHER ORDERED that, within 30 days of the date hereof, the clerk/deputy clerk shall file the certificate of creation of conservatorship in accordance with O.C.G.A. §29-3-10(b) with the Clerk of Superior Court of each county in this state in which the ward owns real property. IT IS FURTHER ORDERED that the Conservator(s) shall: 1. 2. 3. keep the minor's funds separate from his/her/their own; not sell or give away any of the minor's property without a court order; not spend any of the minor's funds for any purpose except as set forth in the Court-approved budget;
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,

;

;

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4.

file with this Court a management plan; an inventory of the minor's funds within two months of the date the Letters of Conservatorship issue; and an annual return within 60 days after each anniversary date of the issuance of Letters of Conservatorship, unless the Court has approved a different accounting period;

5.

turn over to the minor any of the minor's property in his/her/their possession when the minor reaches 18;

6. 7.

not use the minor's funds for his/her/their own benefit; keep the Court informed of any changes in his/her/their name(s), address(es), or the location of the minor;

8.

not place his/her/their name(s) on the title of any funds and/or accounts belonging to the minor unless he/she/they specifically is/are designated in the title of the account as conservator(s) of the minor;

9.

shall promptly disclose to the Court any conflict of interest between the conservator(s) and the minor when such conflict of interest arises or becomes known to the conservator(s).

10.

keep accurate records, including adequate supporting data, as required by law.

(initial if applicable) IT IS FURTHER ORDERED that the conservator(s) is/are authorized to spend or deliver to the guardian(s) of the minor the sum of $ benefit of the minor. per month for the

SO ORDERED this

day of

, 20

.

Probate Judge The actual printed copy of these forms has duplicate pages for 3 & 4

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Probate Court Return Mailing Address:

CERTIFICATE OF CREATION OF CONSERVATORSHIP (Pursuant to O.C.G.A. §29-3-10(b)) GEORGIA, County PROBATE ESTATE NO. DATE ORDER ISSUED: GRANTOR: (NAME OF MINOR)

GRANTEE:

(NAME OF CONSERVATOR(S) OF ABOVE MINOR)

A Conservatorship has been created for the above-named minor. The minor attains the age of majority on at which time the conservatorship shall automatically terminate. Original Certificate delivered or mailed to Clerk of Superior Court of County on , 20 .

I do hereby certify that the above information is based on the Order of the Probate Court issued on the date set out above and that the above information is true and correct. By: PROBATE CLERK/DEPUTY CLERK

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GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

MINOR

PETITION FOR LETTERS OF CONSERVATORSHIP OF MINOR

I do solemnly swear (or affirm) that I will well and truly perform the duties required of me as conservator of the minor named above, and faithfully account to my ward for my ward's estate.

Sworn to and subscribed before me this day of

, 20

. Conservator

JUDGE/CLERK OF PROBATE COURT Printed Name ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . Co-Conservator, if any

JUDGE/CLERK OF PROBATE COURT

Printed Name

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GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF ESTATE NO.

LETTERS OF CONSERVATORSHIP OF MINOR

From the Judge of the Probate Court of said County. TO: , Conservator(s)

RE:

, Minor

The above-named minor has been found by this Court to be in need of a conservator, and this Court has entered an order designating you as such conservator(s). You have assented to this appointment by taking your oath and posting bond. In general, your duties as conservator(s) are to protect and maintain the property of the above-named minor. Your authority to act pursuant to these Letters is subject to applicable statutes and to any special orders entered in this case. Please consult your attorney if you have any questions.

Given under my hand and official seal, this

day of

, 20

.

Probate Judge

Note:

The following must be signed if the judge does not sign the original of this document:

Issued by:

(Seal) PROBATE CLERK/DEPUTY CLERK

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