Georgia House of Representatives - 1995/1996 Sessions

HB 144 - Legally qualified guardian of minor; personal injury claim

Page Numbers - 1/ 2

1. Cox  160th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/11/95  Read 1st Time                                                                
              1/12/95  Read 2nd Time                                                                
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Code Sections amended: 29-4-2                                                                       


HB 144                                             LC 9 7900






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 29-4-2 of the Official Code of Georgia
  1- 2  Annotated, relating to who are natural guardians of a minor,
  1- 3  qualification as a guardian of a child's property, and
  1- 4  personal injury claims, so as to provide for the appointment
  1- 5  of a guardian and for the settlement of personal injury
  1- 6  claims when no legal action has been instituted for such
  1- 7  injury; to provide for practices and procedures; to repeal
  1- 8  conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Code Section 29-4-2 of the Official Code of Georgia
  1-11  Annotated, relating to who are natural guardians of a minor,
  1-12  qualification as a guardian of a child's property, and
  1-13  personal injury claims, is amended by striking subsection
  1-14  (d) of said Code section and inserting in lieu thereof a new
  1-15  subsection (d) to read as follows:

  1-16    "(d) Notwithstanding any provision in this Code section to
  1-17    the contrary, if the claim of a minor child arises from a
  1-18    personal injury sustained by such child, the following
  1-19    provisions shall apply:

  1-20      (1) In the event the amount of the settlement for the
  1-21      minor child's personal injuries is $5,000.00 or less,
  1-22      the natural guardian of said minor child may execute and
  1-23      deliver to the tort-feasor a release of said claim
  1-24      without becoming the legally qualified guardian of the
  1-25      property and without such guardian's action being
  1-26      approved by a court of record;

  1-27      (2) If legal action has not been initiated, the judge of
  1-28      the probate court may, in his or her discretion,
  1-29      authorize any natural guardian to compromise and
  1-30      terminate any claim where the amount of the settlement
  1-31      approved by the court is at least $5,001.00 but not
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  1-33      qualified guardian; provided, however, the natural


                                 -1- (Index)

                                                   LC 9 7900

  2- 1      guardian shall hold and use such money for the benefit
  2- 2      of the child and shall be accountable for same;

  2- 3      (3) If legal action has been initiated against the
  2- 4      tort-feasor for recovery of damages through a natural
  2- 5      guardian as next friend, a settlement is proposed, and
  2- 6      the amount of the settlement approved by the court is at
  2- 7      least $5,001.00 but not exceeding $10,000.00, the judge
  2- 8      before whom such action is pending may, in his or her
  2- 9      discretion, authorize such natural guardian to
  2-10      compromise and terminate such claim and to receive any
  2-11      sums paid pursuant to a compromise or judgment without
  2-12      becoming the legally qualified guardian by the probate
  2-13      court; provided, however, the natural guardian shall
  2-14      hold and use such money for the benefit of the child and
  2-15      shall be accountable for same. In cases in which the
  2-16      settlement exceeds $10,000.00 or where the trial judge
  2-17      otherwise requires a legally qualified guardian, the
  2-18      natural guardian shall apply to become the legally
  2-19      qualified guardian and shall file with the judge of the
  2-20      probate court an initial bond payable to the probate
  2-21      court in an amount set by the trial judge prior to
  2-22      compromising or terminating such claim or receiving any
  2-23      sums paid pursuant to a compromise or judgment; and

  2-24      (4) If legal action has not been initiated, a settlement
  2-25      has been proposed, and the amount of the settlement
  2-26      exceeds $10,000.00, the natural guardian shall apply to
  2-27      become the legally qualified guardian and shall file
  2-28      with the judge of the probate court an initial bond
  2-29      payable to the probate court in an amount set by the
  2-30      judge of the probate court prior to compromising or
  2-31      terminating such claim or receiving any sums paid
  2-32      pursuant to a settlement; and

  2-33      (4)(5) Any settlement entered consistent with the
  2-34      provisions of this Code section shall be final and
  2-35      binding upon all parties, including the minor child."

                         SECTION 2.

  2-36  All laws and parts of laws in conflict with this Act are
  2-37  repealed.








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