Personal Injury Settlements for Minors in Georgia: When Court Approval and Conservatorship Issues Arise

When a child is hurt and a settlement is on the table, parents often assume they can simply sign on the child’s behalf. Georgia law treats a minor’s settlement money as the child’s own property, and depending on the amount involved, resolving the claim can require court approval, a conservator, or both.

Two Settlement Figures Decide the Path

Georgia’s minor-settlement statute draws a line between two figures. The gross settlement is the full value of everything paid to resolve the claim, while the net settlement is what remains after fees, litigation costs, liens, and certain deferred or trust amounts are subtracted, and that distinction sets the procedure.

When the gross settlement is $25,000 or less, a parent acting as natural guardian can generally resolve the claim and hold the funds for the child without conservatorship or court approval. Still, the parent remains accountable for that money.

Once the gross figure passes $25,000 but the net amount stays at $25,000 or under, court approval becomes necessary, though a conservator generally is not. The request goes to probate court or to whichever court already has the case. 

When both figures exceed $25,000, Georgia requires a conservator to negotiate, receive, and manage the funds, with the settlement still subject to court approval. If a conservator has already been appointed for another reason, that conservator, not the parent, must handle the claim regardless of the dollar amount.

What the Approval Process Actually Involves

Georgia probate courts use a standard petition form for this kind of claim, asking about the injury, the proposed settlement, fees, and how the funds will be protected. A conservator appointed through this process typically must post a bond tied to the estate’s value, file yearly accountings, and eventually turn over any remaining funds once the child turns 18. 

Georgia’s Court of Appeals has also clarified, in Benton v. Gailey, that whether the parties reached an enforceable settlement is a separate question from whether that settlement needs court sign-off.

Talk to a Lawyer Before Signing Anything

At Morris & Dean, we can review the proposed settlement, walk you through whether court approval or a conservatorship applies, and help prepare the necessary filings. Call us at 706-222-3790, or contact us so we can take a look at your child’s settlement before anything is finalized.