Conservatorship of a Minor:

Finger pointing to a search field with FAQ enteredA Conservator of a Minor is a person who is appointed by the Probate Court to handle the property of a minor. Unlike a Guardian, a Conservator of a Minor can be an individual or a non-human entity such as a bank or other financial institution.

Establishment of a conservatorship of a minor may be required if: (1) a minor inherits money or personal property, (2) when a minor has received an award of damages in a personal injury lawsuit, or (3) when a minor is the named beneficiary of life insurance or retirement benefits.

In which county do I file my Petition for Letters of Conservatorship of a Minor?

Petitions for Letters of Conservatorship of a Minor are filed in the county where the minor is found or the county in which the proposed conservator is domiciled.

When is a Petition for Conservatorship of a Minor required?

A natural guardian (parent) of a minor may hold up to $25,000 on behalf of the minor as custodian, without becoming a court-appointed conservator.

If a minor receives or is entitled to more than $25,000, a conservator must be appointed for the minor.

What is the procedure for becoming conservator of a minor?

After your Petition for Letters of Conservatorship of Minor is filed, an oath and video affidavit are completed at the time of filing or first available time. A Guardian ad Litem will then be appointed to review the best interests of the minor and file a report with the court. A hearing will then be scheduled, and an order will be issued.

All conservators are required to post bond prior to his or her appointment. A bond is an insurance policy to ensure that the minor’s funds are protected in the event that the appointed conservator mishandles the assets. The court will set the amount of the bond based on the value of the liquid assets due to the minor.

What if I am not approved for a bond?

If you are not approved for a bond, you may file a motion with the court requesting the appointment of another family member who is approved for a bond or requesting the appointment of a county conservator.

What are my responsibilities as a conservator for a minor?

Conservators are required to file and Inventory and Asset Management Plan within 60 days of the date of their appointment. Thereafter, conservators must file an Inventory and Asset Management Plan and Annual Return each year within 60 days of the anniversary date of their appointment. For more information see the Handbook for Conservators of Minors in Georgia.

When does the conservatorship of a minor terminate?

A conservatorship for a minor terminates on the date upon which the earliest of the following occurs:

  • The minor turns 18;
  • The minor becomes emancipated;
  • The minor dies; or
  • A court order terminating the conservatorship is entered.

How much does it cost to file the petition?

Email the guardianship department at [email protected] for the exact filing fees. Payments may then be submitted by cash, money order, firm check or debit/credit card. All debit/credit card transactions will include a $4 service fee.