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Petition For Leave To Encroach On Corpus Form. This is a Georgia form and can be use in Probate Court Statewide.
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Tags: Petition For Leave To Encroach On Corpus, Georgia Statewide, Probate Court
GEORGIA PROBATE COU RT
STAND ARD FORM
Petition for Leave to Encroach on Corpus
INSTRUCTIONS
I.
Specific Instructions
1.
2.
II.
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.
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
COUNTY
STATE OF GEORGIA
IN RE:
MINOR/WARD
CONSERVATOR(S)
)
)
, )
)
)
, )
)
ESTATE NO.
PETITION FOR LEAVE TO ENCROACH
ON CORPUS
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 $
during
the next accounting period.
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).
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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 $
per
month for the benefit of the minor/ward.
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.
appoint a guardian ad litem, and
2.
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
Telephone Number
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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
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Printed Name
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
,
MINOR/WARD
,
CONSERVATOR(S)
)
)
)
)
)
)
)
ESTATE NO.
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
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
,
MINOR/WARD
,
CONSERVATOR(S)
)
)
)
)
)
)
)
ESTATE NO.
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
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
,
MINOR/WARD
,
CONSERVATOR(S)
)
)
)
)
)
)
)
ESTATE NO.
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
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