PETITION FOR LETTERS OF CONSERVATORSHIP OF MINOR INSTRUCTIONS I. Specific Instructions 1. When to use this form: When a child is entitled to proceeds or any other property from whatever source. 2. Who should file this form: a. A natural guardian when the net settlement amount is more than $15,000.00. However, a natural guardian may file a conservatorship petition when the proceeds are $15,000.00 or less, if deemed necessary by the parties and/or Court. The term "gross settlement" is defined by O.C.G.A. § 29-3-3. b. Anyone else when the natural guardian is unable or unwilling to be appointed as conservator. 3. This form may be used in conjunction with a Petition to Compromise Doubtful Claim of Minor/Adult Ward when petitioning the Probate Court for authorization to compromise a doubtful personal injury claim of a minor pursuant to O.C.G.A. § 29-3-3. 4. The full particulars as to the facts that give rise to the Minor's entitlement to the assets should be listed specifically in the Petition. 5. According to Uniform Probate Court Rule 5.6 (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. All pages after the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party unless otherwise directed by the Court. 6. An oath must be administered by a Probate Judge or Clerk [the oath cannot be administered by a notary]. Use Georgia Probate Court Standard Form 35 for the oath. The oath is not included in this form. Georgia Probate Court Standard Form 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. 7. O.C.G.A. § 53-11-2 provides that a party to a probate proceeding who is not sui juris must be represented by a guardian provided that the Court may appoint a guardian ad litem or determine that the natural guardian, guardian, conservator or testamentary guardian has no conflict and may serve. Should a guardian ad litem be necessary because a party is not sui juris, use Supplement 1. A guardian ad litem must be appointed if additional powers are being sought pursuant to O.C.G.A. § 29-3-22 (b) and/or (c). 8. Use Supplement 2 if the Court determines it is appropriate to appoint a special process server. 9. Use Supplement 3 when an additional certificate of service is necessary. GPCSF 30 [1] Eff. July 2015 American LegalNet, Inc. www.FormsWorkFlow.com 10. The Court may require the Petitioner(s) to submit additional information. 11. Exhibits should be labeled at the bottom of each exhibit as Exhibit "A," Exhibit "B," etc. in consecutive order. The corresponding letter of each said exhibit should be inserted into the appropriate place in the form. 12. The Petition must list all the assets of the Minor regardless of the source of such assets. 13. When a structured settlement is to be purchased for the Minor, the terms of who is responsible for funding the annuity and terms of time limits for the purchase and/or funding should be included in the Final Order. The Petitioner(s) may file for discharge as conservator(s) when the conservatorship is completed. II. General Instructions General instructions applicable to all Georgia Probate Court Standard Forms are available in each Probate Court, labeled GPCSF 1. GPCSF 30 [2] Eff. July 2015 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT COUNTY OF _______________________ STATE OF GEORGIA IN RE: ESTATE OF ______________________________________, MINOR ) ) ) ) ESTATE NO. _____________ PETITION FOR LETTERS OF CONSERVATORSHIP OF MINOR 1. The Petition of ___________________________________________________________, [Full name(s) of Petitioner(s)]First Middle Last who is/are domiciled in ______________________ County and resides at the following address, _____________________________________________________________________________, Street City County State Zip Code moves this Court to appoint a conservator(s) for the Minor: _____________________________________________________________________________, [Full name of Minor] First Middle Last age __________, whose date of birth is ________________________, whose social security number is _______________________ and who is found at: _____________________________ [Full Address] _____________________________________________________________________________. Street City County State Zip Code 2. Is the Minor a citizen of a foreign country? [Circle One] (Yes) (No) If you answer "Yes," list name of country: _____________________________________ [If a guardianship or conservatorship is granted, pursuant to The Vienna Convention, the Probate Court must notify the Consul.] 3. Said Minor is entitled to receive personal or real property, by reason of: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 30 [1] Eff. July 2015 American LegalNet, Inc. www.FormsWorkFlow.com A complete list of the action, claim, or property of the Minor must be provided including the person or company that currently holds the claim or property. Attach supporting documentation to show the details of the property or claim as Exhibit "____." 4. Petitioner(s) move(s) the Court to appoint: [provide full name and address below] ______________________________________________________________________________ [Full name(s) of Proposed Conservator(s)] First Middle Last ______________________________________________________________________________ [Full address] Street City County State Zip Code as conservator(s), who is/are related to the Minor as follows _____________________________. 5. Do(es) the Proposed Conservator(s) have any financial interest in the Minor's estate in any form or fashion? [Circle One] (Yes) (No) If you answer "Yes," list the nature of the interest [e.g., joint ownership of property or any other type of financial interest in the Minor's property]. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ___________________________