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HB 1108 - Property; procedures and requirements for the payment of certain settlements involving minors' claims; clarify and revise

Tracking Level: Hot
Sponsor: James Burchett
Last Action: 3/12/2020 - House Committee Favorably Reported By Substitute
House Committee: Special Committee on Access to the Civil Justice System
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
08. Probate CourtsNext Bill
CivilNext Bill
Domestic Relations Next Bill

Staff Analysis of the Legislation

HB 1108 amends Article 1 of Chapter 3 of Title 29 of the OCGA to require the total value of a minor’s personal property be $25,000 or less instead of $15,000 or less for the natural guardian of a minor to become his/her legally qualified conservator. If a proposed gross settlement of a minor’s claim is $25,000 or less, the natural guardian may compromise the claim without any court approval. Proposed gross settlements above $25,000 must be submitted for approval to the court of the pending action. Probate court approval is not required unless the net settlement of a minor’s claim is also more than $25,000. The court of the pending action has the discretion to hold a hearing on compliance with this Code section’s requirements.

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