On and effective May 2, 2022, Governor Brian Kemp signed House Bill 620 amending Title 29, eliminating the need for Court approval for minor settlements below $25,000. The new law also defines “gross settlement” and “net settlement” to clarify when a conservator is required and what court handles the minor settlement under various scenarios.
Scenario #1: Gross Settlement Under $25,000 – conservator not required. Court approval not required. (See O.C.G.A § 29-3-3(c)(1), as amended)
Scenario #2: Gross Settlement Over $25,000, but Net Settlement Under $25,000 – conservator not required. Court approval is required in probate court “if no legal action has been initiated” or “the court in which the legal action is pending if legal action has been initiated.”
(See O.C.G.A § 29-3-3(c)(2), as amended)
Scenario #3: Gross settlement Over $25,000 and Net Settlement Over $25,000 – conservator required. Court approval is required in probate court “if no legal action has been initiated” or “the court in which the legal action is pending if legal action has been initiated.”
(See O.C.G.A § 29-3-3(c)(3), as amended)
To sum up, the Georgia legislature has implemented a common-sense amendment that eases the requirements on concluding relatively small minor settlements while still protecting minors on larger ones.