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Petition For Receipt-Acceptance Of Foreign Guardianship-Conservatorship Form. This is a Georgia form and can be use in Probate Court Statewide.
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GEORGIA PROBATE COURT
STANDARD FORM
Petition for Receipt and Acceptance of Foreign Guardianship and/or Conservatorship
INSTRUCTIONS
I.
Specific Instructions
1.
2.
II.
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. §295-125 et seq.
According to 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. Pages after 7 which are labeled
“Court” are to be completed by the moving party, unless otherwise directed by the court.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
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GEORGIA PROBATE COURT
STANDARD FORM
IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
)
)
, )
)
)
)
MINOR/WARD
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
,
as issued by the
Court of
County, State of
. The
clerk of said Court may be contacted as the following address:
, telephone number
.
2.
The minor/ward, age
, date of birth
, social security no.
, is currently domiciled at (address)
County, State of
, and is presently
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:
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3.
Attached hereto as Exhibit “A” is an authenticated copy of:
a.
the order establishing the guardianship and/or conservatorship, with all attachments
describing the duties and powers of the guardian and/or conservator;
b.
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.
there are none
b.
there is one; it has been filed in the
Court of
County, State 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
b.
ADDRESS
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
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AGE (or over 18)
ADDRESS
-2-
RELATIONSHIP
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6.
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.
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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 Petitioner
Signature of second Petitioner, if any
Printed Name
Printed Name
Address
Address
Telephone Number
Telephone Number
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
.
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
-4-
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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
State
Approximate equity
$
Parcel 2
$
Parcel 3
$
INCOME FROM ALL SOURCES
Social Security per year
Yearly Total
$
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)
$
$
$
$
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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
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$
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GEORGIA PROBATE COURT
STANDARD FORM
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
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GEORGIA PROBATE COURT
STANDARD FORM
Petition for Receipt and Acceptance of Foreign Guardianship and/or 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 5.6
(A).
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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
,
WARD
)
)
)
)
)
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
County, State of
to this County from the Court located in
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)
, Georgia) (at the following
location:
).
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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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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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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
,
WARD
)
)
)
)
)
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
o’clock
.M. on
, which is not less than 10 days from the date that this notice is mailed, to hear
evidence on the proposed transfer of the guardianship/conservatorship to this Court, to be held (in the
County, courtroom
Probate Court of
,
, Georgia)
(address)
).
(at 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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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
hereby certifies that (initial one):
County, Georgia,
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.
b.
There has been some record of malfeasance, misfeasance, or nonfeasance regarding the
above estate and fiduciary, being
as indicated in the attached records.
c.
This Court declines to transfer the above matter to the above Georgia Probate Court.
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
personally with a copy of
the within petition, order and notice.
This
day of
, 20
Deputy Sheriff
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.
County, Georgia
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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:
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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
)
)
)
)
)
,
WARD
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.
a hearing being held
, 20
,
b.
no hearing being requested, and based on the documentation submitted to the 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.
b.
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.
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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).
DATE
PROBATE CLERK/DEPUTY CLERK
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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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:
GRANTEE:
(NAME OF MINOR/WARD)
(If Minor, Date of Birth of Minor:
)
(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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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.
Date of Birth:
TO:
, Guardian(s)
RE:
, 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.
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.
2.
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.
3.
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.
4.
Please consult your attorney if you have any questions.
5.
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
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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.
Date of Birth:
TO:
, Conservator(s)
RE:
, 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
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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
day of
, 20
Probate Judge
Issued by:
(Seal)
PROBATE CLERK/DEPUTY CLERK
Effective 8/10
GPCSF 60 Court
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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
Effective 8/10
GPCSF 60 Court
American LegalNet, Inc.
www.FormsWorkFlow.com
.
GEORGIA PROBATE COURT
STANDARD FORM
STATE OF GEORGIA
COUNTY OF
ESTATE NO.
LETTERS OF PERMANENT GUARDIANSHIP OF MINOR
From the Judge of the Probate Court of said County.
TO:
, Guardian(s)
RE:
, 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.
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
Effective 8/10
GPCSF 60 Court
American LegalNet, Inc.
www.FormsWorkFlow.com
.