Petition for Leave to Encroach on Corpus Georgia

Petition for Leave to Encroach on Corpus

GEORGIA PROBATE COURT STANDARD FORM

Effective 7/07 — GPCSF 20 Complete

INSTRUCTIONS

I. Specific Instructions

1. 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).

2. A guardian ad litem must be appointed each time this Petition is filed.

II. 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

TO THE HONORABLE JUDGE OF THE PROBATE COURT:

The petition of , Conservator(s) of 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).

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:

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.

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.

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 .

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:

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/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 .