Free 60. Petition for Receipt and Acceptance of Foreign Guardianship and/or Conservatorship - Georgia


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Date: June 18, 2009
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State: Georgia
Category: Probate
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GEORGIA PROBATE COURT STANDARD FORM

Petition for Receipt and Acceptance of Foreign Guardianship and/or Conservatorship INSTRUCTIONS I. 1. Specific Instructions This form is to be used by a guardian and/or conservator as appointed by another state to transfer the guardianship and/or conservatorship to a Georgia county pursuant to O.C.G.A. 29-2-65 et seq.; O.C.G.A. 29-3-105 et seq.; O.C.G.A. 29-4-85 et seq.; and O.C.G.A. 29-5-125 et seq. 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 7 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court. General Instructions

2.

II.

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

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GPCSF 60 Petitioner

IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: MINOR/WARD ) ) , ) ) ) )

COUNTY

ESTATE NO. ________________________ PETITION FOR RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP AND/OR CONSERVATORSHIP

TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of , ______ , Guardian(s) and/or Conservator(s), who reside(s) at __________________________________________ County, Georgia, and who is/are domiciled at: ______________________________________________________________________________ shows: 1. Petitioner(s) was/were appointed Guardian(s) and/or Conservator(s) of the above minor/ward by Order dated of , as issued by the Court . The . County, State of , telephone number 2. The minor/ward, age , date of birth County, State of located at which is a (type of facility, if applicable) __________________________________________________ and can be contacted at (telephone number): Said minor/ward will be relocated to the following address: ___________________________________ ____________________________________________________________________________________ . , social security no. , and is presently ,

clerk of said Court may be contacted as the following address: __________________________________
________

________________, is currently domiciled at (address) _______________________________________

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3. Attached hereto as Exhibit "A" is an authenticated copy of: a. b. the order establishing the guardianship and/or conservatorship, with all attachments describing the duties and powers of the guardian and/or conservator; any orders modifying the order referenced in "a" above, including, if any, orders of transfer. 4. Regarding other guardianship and/or conservatorship petitions pending, (initial one) a. b. County, State of there are none there is one; it has been filed in the Court of , (address)

________________________________________________________________________________. 5. (initial one): a. The guardianship and/or conservatorship is of a minor. The following are the adult siblings of the minor: NAME ADDRESS

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ b. The guardianship and/or conservatorship is of an adult ward. Pursuant to law, the names, addresses, and relationships of the persons to be notified are as follows: (NOTE:
The law requires notice to be given to the spouse, if any, and to all living children, if any, whose addresses are known. If there are no living adult children whose addresses are known, then list at least two adults in the following order of priority: lineal descendants of the proposed ward; parents and siblings of the proposed ward; and friends of the proposed ward. In determining the persons to whom notice is required to be given according to the foregoing rules, the petitioner(s) should not be counted as persons receiving notice.)

NAME

AGE (or over 18) ADDRESS

RELATIONSHIP

________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6.
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The following individuals, other than Petitioner(s), are caring for the minor/ward; have been appointed as guardian for the minor/ward; or have been appointed conservator for the minor/ward (or enter "not applicable"): NAME ADDRESS RELATIONSHIP OR APPOINTED TITLE _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 7. The following individual(s), other than Petitioner(s), is/are acting as legal representative, legal counsel, guardian ad litem, or court visitor by the court having jurisdiction over the current guardianship and/or conservatorship (or enter "not applicable") NAME ADDRESS RELATIONSHIP OR APPOINTED TITLE _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 8. If there is a conservatorship, the following is the name and address of the surety on the conservator's bond (or enter "not applicable") NAME ADDRESS _____________________________________________________________________________________ _____________________________________________________________________________________ 9. All known income and assets of the proposed ward are shown on page 6 attached hereto. 10. The transfer of said guardianship and/or conservatorship to Georgia is in the best interest of the minor/ward because ___________________________________________________________________ ____________________________________________________________________________________ . 11. Additional Data: Where full particulars are lacking, state here the reasons for any such omission.

-3Effective 7/09 GPCSF 60 Petitioner

WHEREFORE, your Petitioner(s) pray(s) that 1. notice be served as required by law; 2. a hearing be held on the matter; and 3. this Court receive and accept the foreign guardianship and/or conservatorship. __________________________________ Signature of second Petitioner, if any ___________________________________ Printed Name ___________________________________ Address ___________________________________ Telephone Number Signature of Attorney: Typed/printed name of Attorney: Address: Telephone: VERIFICATION GEORGIA, COUNTY ___________________________________ Telephone Number ______________________________________ ______________________________________ ______________________________________ State Bar # _________

Signature of Petitioner Printed Name Address

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 . _________________________________ 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

GPCSF 60 Petitioner

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ASSETS, INCOME, OTHER SOURCES OF FUNDS OF WARD WARD: REAL PROPERTY (Indicate if property is jointly owned and with whom) Description County Parcel 1 Parcel 2 Parcel 3 INCOME FROM ALL SOURCES Social Security per year SSI (Supplemental Security Income) per year Retirement benefits per year VA benefits per year Other income per year, including, e.g., alimony, annuity, or trust distributions Interest, dividend, or investment income YEARLY TOTAL OF ALL INCOME PERSONAL AND INTANGIBLE PROPERTY (Indicate if property is jointly owned and with whom) Approximate Current Value 1. Checking/Savings/Money Market/Certificates of Deposit/Liquid Accounts: Bank/Financial Institution/Broker Acct. No. Joint Owner (if any) $ _____________ $ _____________ $ _____________ $ _____________ Yearly Total $ ____________ $ ____________ $ ____________ $ ____________ $ ____________ $ ____________ $ State Approximate equity $_____________ $ _____________ $ _____________

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GPCSF 60 Petitioner

2. Stocks/Bonds/Investments (including retirement and profit-sharing accounts): a. held by brokers: Brokerage Firm or Institution Acct. No. Joint Owner (if any) $ ___________ $ ___________ $ ___________ $ ___________ $ ___________ b. privately held: Company/Issuer No. of Shares Joint Owner (if any) $ ___________ $ ___________ $ ___________ 3. Automobiles: Year/Make/Model V.I.N. Joint owner (if any) $ ___________ $ ___________ 4. Other assets of significant value: Description Joint owner (if any) $ ___________ $ ___________ $ ___________ TOTAL VALUE OF PERSONAL AND INTANGIBLE PROPERTY $ ____________

-6-

ACKNOWLEDGMENT OF SERVICE IN RE: Estate of ESTATE NO. _____________

Due and legal service of the Petition for Receipt and Acceptance of Foreign Guardianship is hereby acknowledged by the following interested persons as shown in paragraphs 5, 6, 7, and 8. The undersigned acknowledges that he/she has received a copy of the Petition and all further service and notice is waived. SIGNATURE(S) 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 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

-7-

GEORGIA PROBATE COURT STANDARD FORM

Petition for the Receipt and Acceptance of a Foreign Guardianship/Conservatorship

Pages after 7 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

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) )

COUNTY ESTATE NO. ___________________ PETITION FOR THE RECEIPT AND ACCEPTANCE OF A FOREIGN GUARDIANSHIP/CONSERVATORSHIP

NOTICE OF PROCEEDINGS CONCERNING THE ACCEPTANCE OF TRANSFER OF GUARDIANSHIP AND/OR CONSERVATORSHIP FROM FOREIGN JURISDICTION TO THIS COUNTY AND REQUEST TO THE FOREIGN COURT Date of Mailing of Notice: TO THE MINOR/WARD: This is to notify you of a proceeding initiated in this court by seeking to transfer to this County from the Court located in County, State of _______________________________________the guardianship/conservatorship created by Order dated ___________________and to inform you of your right to independent counsel. If you wish to retain your own attorney, you must notify this court within two days; otherwise, an attorney will be appointed for you by the court. (If you wish a hearing scheduled in this matter, you must make a written request for hearing on or before the 30th day following the date you receive this notice) (A hearing on the matter will be scheduled by separate Order). YOU AND YOUR ATTORNEY HAVE THE RIGHT TO ATTEND ANY HEARING HELD ON THIS MATTER. TO THE FOREIGN COURT: The undersigned hereby requests that you certify 1) whether you have any record that the guardian/conservator as shown above has engaged in malfeasance, misfeasance, or nonfeasance during his/her appointment; 2) whether periodic reports have been filed in a satisfactory manner; and 3) whether all bonds or other security requirements imposed under the guardianship/conservatorship have been performed. For your convenience, you may use the enclosed form if you wish. Further, please forward to this Court a copy of all documents in your file, including but not limited to the initial petition for guardianship/conservatorship and other filings relevant to the appointment of a guardian / conservator; reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the guardianship/conservatorship; if concerning an adult, reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs; periodic status reports on the condition of the minor/ward; and any order to transfer the guardianship/conservatorship. (A hearing on the matter will be held (in the Probate Court of County, courtroom , (address) location: , Georgia) (at the following ).

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GPCSF 60Court

TO THE INTERESTED PERSONS AS SHOWN IN THE PETITION: You have the right to object to the petition for receipt and acceptance of guardianship/conservatorship by this Court. (If you wish a hearing scheduled in this matter, you must make a written request for hearing on or before the 30th day following the date that this notice was mailed to you.)(A hearing on the matter will be held (in the Probate Court of County, courtroom , (address) , Georgia) (at the following location: __________________________________________________________________ ). Witness my hand and seal this day of , 20 .

___________________________________ PROBATE CLERK/DEPUTY CLERK

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GPCSF 60Court

CERTIFICATE OF MAILING OF ORDER AND NOTICE OF HEARING ESTATE NO. ________________ This is to certify that I have this day served a copy of the Petition and this Order on the foreign Court, the minor/ward's attorney, and the interested persons identified in paragraphs 5, 6, 7, and 8 of the petition; and a copy of this Order on the petitioner(s) and his/her/their attorney by placing copies of same in an envelope addressed to each and depositing same in the U.S. Mail, first-class, with adequate postage thereon. This day of , 20 .

_________________________________________ PROBATE CLERK/DEPUTY CLERK

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GPCSF 60Court

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) )

COUNTY

ESTATE NO. _____________________ PETITION FOR THE RECEIPT AND ACCEPTANCE OF A FOREIGN GUARDIANSHIP/CONSERVATORSHIP

ORDER AND NOTICE OF HEARING The above Petition being filed with, and reviewed by, the Court, it is ORDERED that a hearing shall be set for , 20 held (in the Probate Court of , (address) o'clock .M. on ___________________ , which is not less than 10 days from the date that this notice is County, courtroom , Georgia) (at

mailed, to hear evidence on the proposed transfer of the guardianship/conservatorship to this Court, to be

the following location: ________________________________________________________________). IT IS FURTHER ORDERED that attorney ___________________________________________ is hereby appointed to represent the minor/ward at such hearing; said appointment will be rescinded if counsel retained by the ward files an entry of appearance. IT IS FURTHER ORDERED that a copy of the Petition and this Order shall be personally served on the minor/ward as soon as practicable after the signing of this order. IT IS FURTHER ORDERED that a copy of the Petition and this Order shall be sent to the foreign Court, to the minor/ward's attorney, and to the interested persons identified in paragraphs 5, 6, 7, and 8 of the petition by first class mail as soon as practicable after the signing of this order. IT IS FURTHER ORDERED that a copy of this Order shall be sent to the petitioner(s) and his/her/their attorney by first-class mail, as soon as practicable after the signing of this order.

SO ORDERED this

day of

, 20

.

_____________________________________ Probate Judge

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GPCSF 60Court

CERTIFICATION BY FOREIGN COURT TO BE FILED IN THE PROBATE COURT OF COUNTY, STATE OF GEORGIA IN RE: , WARD ) ) ) ) ) ) ) ) ESTATE NO. ____________________ PETITION FOR THE RECEIPT AND ACCEPTANCE OF A FOREIGN GUARDIANSHIP/CONSERVATORSHIP FOREIGN COURT'S FILE NUMBER:

COMES NOW , (JUDGE) (DEPUTY CLERK) (CLERK) (other: ) OF THE Court, ________________________________________________________________________________ , and pursuant to the request made by the Probate Court of County, Georgia, hereby certifies that (initial one): a. There is no record that the guardian/conservator as shown above has engaged in malfeasance, misfeasance, or nonfeasance during his/her appointment; 2) periodic reports have been filed in a satisfactory manner; and 3) all bonds or other security requirements imposed under the guardianship/conservatorship have been performed. There has been some record of malfeasance, misfeasance, or nonfeasance regarding the above estate and fiduciary, being ____________________________________________ ________________________________________________________________________ ___________________________________________as indicated in the attached records. This Court declines to transfer the above matter to the above Georgia Probate Court.

b.

c.

Further, attached are copies of all documents relevant to the guardianship/conservatorship of the above ward. ________________________________________ JUDGE/COURT PERSONNEL ________________________________________ Title ________________________________________ Typed/printed name of Judge or Court Personnel: Address: _______________________________

_________________________________________ __________________________________________ Telephone number:
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RETURN OF SHERIFF I have this day served the within petition, order and notice. This day of , 20 . personally with a copy of

________________________________________________ Deputy Sheriff County, Georgia

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GPCSF 60Court

WAIVER BY MINOR/WARD'S ATTORNEY GEORGIA, COUNTY ESTATE NO. _____________

TO THE PROBATE COURT OF SAID STATE AND COUNTY IN RE: PETITION FOR THE RECEIPT AND ACCEPTANCE OF A FOREIGN GUARDIANSHIP/CONSERVATORSHIP The undersigned, as the attorney representing the above-named minor/ward in these proceedings, waives the appearance of my client at said hearing.

This

day of

, 20

.

Attorney Typed/printed name of Attorney: Address: Telephone: ________________________________________ ________________________________________ State Bar # ____________

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GPCSF 60Court

PROBATE COURT OF STATE OF GEORGIA IN RE: , WARD ) ) ) ) )

COUNTY

ESTATE NO. __________________ PETITION FOR THE RECEIPT AND ACCEPTANCE OF A FOREIGN GUARDIANSHIP/CONSERVATORSHIP

FINAL ORDER A Petition for the Receipt and Acceptance of a Foreign Guardianship/Conservatorship being filed , 20 , and (initial one): a. b. a hearing being held Court, it appearing that no hearing is necessary, and it appearing that the fiduciary appointed in the foreign court has complied with the laws of the foreign state; and it appearing that the minor/ward has been relocated to this jurisdiction; and it appearing that it is in the best interest for the guardianship and/or conservatorship of the above minor/ward to be transferred to this jurisdiction, it is ORDERED that the Petition for the Receipt and Acceptance of a Foreign Guardianship/Conservatorship is hereby GRANTED. (initial all applicable): a. IT IS FURTHER ORDERED that if the fiduciary(ies) was/were appointed as guardian(s) of person, letters of guardianship shall issue to such guardian(s) upon taking the required oath. The appointed guardian(s) shall have no authority to act on behalf of the ward until Letters of Guardianship have issued. IT IS FURTHER ORDERED that if the fiduciary(ies) was/were appointed as guardian(s) of the property or conservator(s), letters of $ conservatorship shall issue to such conservator(s) upon taking the required oath and upon posting bond in the amount of . The appointed conservator(s) shall have no authority to act on behalf of the ward until Letters of Conservatorship have issued. , 20 , no hearing being requested, and based on the documentation submitted to the

b.

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GPCSF 60Court

IT IS FURTHER ORDERED that, if only a guardian is appointed for the minor/ward, or if different individuals are appointed guardian and conservator, the following reasonable sums of property shall be provided to the guardian to provide adequately for the minor/ward's support, care, education, health, and welfare, until further Order of the Court: $ per .

IT IS FURTHER ORDERED that the guardian shall file, in addition to the personal status report, the following supplemental reports: _______________________________________________________ (monthly)(annually). IT IS FURTHER ORDERED that a copy of this Order shall be served by first class mail on the foreign court, the minor/ward, the minor/ward's attorney; the guardian(s) and/or conservator(s); the petitioner(s); his/her/their attorney(s); and the individuals listed in paragraphs 5, 6, 7, and 8 of the Petition. 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. 29-5-13(d) with the Clerk of Superior Court of each county in this state in which the minor/ward owns real property. SO ORDERED this day of , 20 .

___________________________________________ Probate Judge/Hearing Officer exercising the jurisdiction of the Probate Court pursuant to O.C.G.A. 29-4-12(d)(7) and/or 29-5-12(d)(7)

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CERTIFICATE OF MAILING OF FINAL ORDER ESTATE NO. _____________ I have this date mailed (or handed) a copy of the above Order to the foreign court, the minor/ward, his/her attorney, (his/her guardian ad litem), (his/her representatives,) the guardian(s), the conservator(s), the interested persons shown in paragraphs 5, 6, 7, and 8 of the petition, the petitioner(s), and (petitioner's attorney). ___________________________________ PROBATE CLERK/DEPUTY CLERK

DATE

CERTIFICATE OF FILING CERTIFICATE OF CREATION OF CONSERVATORSHIP ESTATE NO. _____________ I have this date hand-delivered and/or mailed for filing a Certificate of Creation of Conservatorship to the Clerk of the Superior Court of each of the following counties, together with payment of any recording costs: __________________________________________________________ _____________________________________________________________________________________ _____________________________________ PROBATE CLERK/DEPUTY CLERK _____________________________________ ADDRESS ______________________________________ TELEPHONE

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GPCSF 60Court

Probate Court Return Mailing Address: ________________________________ ________________________________

CERTIFICATE OF CREATION OF CONSERVATORSHIP (Pursuant to O.C.G.A. 29-5-13(d)) GEORGIA, County PROBATE ESTATE NO. __________________ DATE ORDER ISSUED: ___________________ GRANTOR: (NAME OF MINOR/WARD) ________________________________________ (If Minor, Date of Birth of Minor: ) GRANTEE: (NAME OF CONSERVATOR(S) OF ABOVE WARD) _______________________________________________ _______________________________________________ A Conservatorship has been created for the above-named ward. a. The Conservatorship is permanent. b. The expiration date set by court order, is , 20 .

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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GPCSF 60Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF ESTATE NO. _____________ LETTERS OF GUARDIANSHIP OF ADULT WARD From the Judge of the Probate Court of said County. TO: RE: Date of Birth: , Guardian(s) , Adult Ward

The above-named adult ward has been found by this Court to be in need of a guardian, and this Court has entered an order designating you as such guardian(s). You have assented to this appointment by taking your oath. In general, your duties as guardian are to protect and maintain the person of the ward. Special Instructions: 1. 2. 3. It is your duty to see that the ward is adequately fed, clothed, sheltered and cared for, and that the ward receives all necessary medical attention. You must keep the Court informed of any change in your name or address and promptly notify the Court of any conflict of interest arising between you and your ward. Within 60 days after appointment and within 60 days after each anniversary date of appointment, you must file with the probate court a personal status report concerning your ward which shall include: (a) A description of the ward's general condition, changes since the last report, and needs; (b) Your recommendations for any alteration in the guardianship order; (c) All addresses of the ward during the reporting period and the living arrangements of the ward for all addresses; (d) A description of the amount of any funds received and expended by the guardian for the support of the ward. Please consult your attorney if you have any questions. Your authority to act pursuant to these Letters is subject to applicable statutes and to any special orders entered in this case. day of , 20 .

4. 5.

Given under my hand and official seal, the

_______________________________________ 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
Effective 7/09 GPCSF 60Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF

ESTATE NO. _____________

LETTERS OF CONSERVATORSHIP OF ADULT WARD From the Judge of the Probate Court of said County. TO: RE: Date of Birth: _____________ , Conservator(s) , Adult Ward

The above-named adult ward 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 a bond. In general, your duties as conservator are to protect and maintain the property of the ward. Special Instructions: 1. You must keep your ward's funds separate from your own. You should put your ward's funds in a separate checking or savings account, as appropriate, and make all payments by check. 2. You may not sell, mortgage, give away, or otherwise dispose of any of your ward's property without a court order. 3. You may not spend any of your ward's funds for any purpose except as set forth in the court approved budget without a court order. 4. You must file within two months of your appointment an inventory showing the ward's property and a plan for managing, expending, and distributing the property. Further, you must file, within 60 days of each anniversary date of these Letters an annual return, showing all receipts and disbursements, accompanied by an affidavit certifying that the original vouchers (checks) have been compared with the items listed on the return, and that the return is correct, together with an updated inventory and plan for managing the property. A copy of said return shall be sent by first class mail to the surety, the ward, and the guardian, if any. 5. The regular commissions allowed a conservator are 2.5% on all sums of money received, and 2.5% on all sums paid out, as shown by the annual or final return. There are special rules concerning commissions for property delivered in kind, interest earned, extraordinary services, and market value of property held as of the last day of your reporting period. 6. You must keep the Court informed of any change in your name or address and promptly notify the Court of any conflict of interest arising between you and your ward. 7. You should inform the Court of any change of location of your ward. 8. Please consult your attorney if you have any questions. 9. Your authority to act pursuant to these Letters is subject to applicable statutes and to any special orders entered in this case. Given under my hand and official seal, the 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
Effective 7/09 GPCSF 60Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF

ESTATE NO. _____________

LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP OF ADULT WARD From the Judge of the Probate Court of said County. TO: RE: Date of Birth: ,Guardian(s) and Conservator(s) ,Adult Ward

The above-named adult ward has been found by this Court to be in need of a guardian and conservator, and this Court has entered an order designating you as such guardian(s) and conservator(s). You have assented to this appointment by taking your oath and posting a bond. In general, your powers and duties are to protect and maintain the person and property of the ward. Special Instructions: 1. It is your duty to see that your ward is adequately fed, clothed, sheltered and cared for, and that your ward receives all necessary medical attention. 2. You must keep your ward's funds separate from your own. You should put your ward's funds in a separate checking or savings account, as appropriate, and make all payments by check. 3. You may not sell, mortgage, give away, or otherwise dispose of any of your ward's property without a court order. 4. You may not spend any of your ward's funds for any purpose, except as set forth in the court approved budget, without a court order. 5. You must file within two months of your appointment an inventory showing the ward's property and a plan for managing, expending, and distributing the property. Further, you must file, within 60 days of each anniversary date of these Letters an annual return, showing all receipts and disbursements, accompanied by an affidavit certifying that the original vouchers (checks) have been compared with the items listed on the return, and that the return is correct, together with an updated inventory and plan for managing the property. A copy of said return shall be sent by first class mail to the surety, the ward, and the guardian, if any. 6. The regular commissions allowed a conservator are 2.5% on all sums of money received, and 2.5% on all sums paid out, as shown by the annual or final return. There are special rules concerning commissions for property delivered in kind, interest earned, extraordinary services, and market value of property held as of the last day of your reporting period. 7. You must keep the Court informed of any change in your name or address and promptly notify the Court of any conflict of interest arising between you and your ward. 8 Within 60 days after appointment and within 60 days after each anniversary date of appointment, you must file with the probate court a personal status report concerning your ward which shall include: (a) A description of your ward's general condition, changes since the last report, and needs; (b) Your recommendations for any alteration in the guardianship/conservatorship order; (c) All addresses of the ward during the reporting period and the living arrangements of the ward for all addresses. 9. Your authority to act pursuant to these Letters is subject to applicable statutes and to any special orders entered in this case. Given under my hand and official seal, the NOTE: The following must be signed if the judge does not sign the original of this document Issued by: PROBATE CLERK/DEPUTY CLERK day of , 20 .

___________________________________ Probate Judge (Seal)

STATE OF GEORGIA COUNTY OF

ESTATE NO. _____________

LETTERS OF CONSERVATORSHIP OF MINOR

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

STATE OF GEORGIA COUNTY OF ESTATE NO. ____________ LETTERS OF PERMANENT GUARDIANSHIP OF MINOR From the Judge of the Probate Court of said County. TO: RE: , Guardian(s) , Minor

The above-named minor has been found by this Court to be in need of a guardian, and this Court has entered an order designating you as such guardian(s). You have assented to this appointment by taking your oath. In general, your duties as guardian are to protect and maintain the person of the minor and your power over the minor shall be the same as that of a parent over a child, the guardian(s) standing in place of the parent(s). A guardian shall at all times act as a fiduciary in the minor's best interest and exercise reasonable care, diligence, and prudence. Special Instructions: 1. 2. 3. 4. 5. 6. 7. 8. It is your duty to see that the minor is adequately fed, clothed, sheltered, educated, and cared for, and that the minor receives all necessary medical attention. You must keep the Court informed of any change in your name or address. You should inform the Court of any change of location of your minor. You shall, within 60 days of appointment and within 60 days after each anniversary date of appointment, file with this Court and provide to the conservator of the minor, if any, a personal status report concerning the minor. You shall promptly notify the court of any conflict of interest which may arise between you as guardian and the minor pursuant to O.C.G.A. 29-2-23. The guardianship automatically terminates when the minor dies, reaches age 18, is adopted, or is emancipated. You shall act in coordination and cooperation with the minor's conservator, if appointed, or if not, with others who have custody of the minor's property. Please consult your attorney if you have any questions. Your authority to act pursuant to these Letters is subject to applicable statutes and to any special orders entered in this case. day of , 20 .

Given under my hand and official seal, this

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

Issued by: PROBATE CLERK/DEPUTY CLERK (Seal)