Estate Plan for Minor; Appointment of Guardian Ad Litem; Considerations Prior to Property Transfer

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Minors
  5. Property Obligations of Conservator
  6. Estate Plan for Minor; Appointment of Guardian Ad Litem; Considerations Prior to Property Transfer

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  1. After notice to interested parties and other persons as the court may direct, and upon a showing that the minor shall probably remain in need of a conservator throughout the minor's lifetime and that it is in the best interest of the minor, the court may order the conservator to apply such principal or income of the minor as is not required for the support, care, education, health, and welfare of the minor toward the establishment or continuation of an estate plan for the minor and make transfers of the minor's personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the minor's circumstances would make such transfers and there is no evidence that the minor, if not in need of a conservator, would not adopt such an estate plan.
  2. Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the minor and shall consider:
    1. The composition and value of the entire estate of the minor, other known sources of support available to the minor, and the income produced thereby;
    2. The probable expenses for the support, care, education, health, or welfare of the minor for the remainder of the minor's lifetime in the standard of living to which the minor has become accustomed;
    3. The identity of the proposed transferees and, in particular, whether they are natural objects of the minor's bounty by relationship or prior behavior of the minor;
    4. The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; and
    5. Any previous history or predisposition toward making similar transfers by the minor.

(Code 1981, §29-3-36, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2005, p. 60, § 29/HB 95.)

Law reviews.

- For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986).

ARTICLE 4 BONDING OF CONSERVATORS


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