2006 Georgia Code - 29-3-3

29-3-3. (a) For purposes of this Code section, the term 'gross settlement' means the present value of all amounts paid or to be paid in settlement of the claim, including cash, medical expenses, expenses of litigation, attorneýs fees, and any amounts paid to purchase an annuity or other similar financial arrangement. (b) If the minor has a conservator, the only person who can compromise a minoŕs claim is the conservator. (c) Whether or not legal action has been initiated, if the proposed gross settlement of a minoŕs claim is $15,000.00 or less, the natural guardian of the minor may compromise the claim without becoming the conservator of the minor and without court approval. The natural guardian must qualify as the conservator of the minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1. (d) If no legal action has been initiated and the proposed gross settlement of a minoŕs claim is more than $15,000.00, the settlement must be submitted for approval to the court. (e) If legal action has been initiated and the proposed gross settlement of a minoŕs claim is more than $15,000.00, the settlement must be submitted for approval to the court in which the action is pending. The natural guardian or conservator shall not be permitted to dismiss the action and present the settlement to the court for approval without the approval of the court in which the action is pending. (f) If the proposed gross settlement of a minoŕs claim is more than $15,000.00, but the gross settlement reduced by: (1) Attorneýs fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and (2) The present value of amounts to be received by the minor after reaching the age of majority is $15,000.00 or less, the natural guardian may seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor. The natural guardian must qualify as the conservator of the minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1. (g) If the proposed gross settlement of a minoŕs claim is more than $15,000.00, but such gross settlement reduced by: (1) Attorneýs fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and (2) The present value of amounts to be received by the minor after reaching the age of majority is more than $15,000.00, the natural guardian may not seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor. (h) If an order of approval is obtained from the court based upon the best interest of the minor, the natural guardian or conservator is authorized to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt of part or all of the consideration for the compromise until after the minor reaches the age of majority and may involve a structured settlement or creation of a trust on terms which the court approves. (i) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor.

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