Who manages the settlement money awarded to my injured child in Georgia?

· 3 min read

Who controls a child’s settlement funds in Georgia turns on how large the recovery is. Small amounts can be held by a parent as natural guardian; larger amounts must be managed by a court-supervised conservator. The point of the rules is to keep the money intact and devoted to the child until adulthood.

The natural guardian as manager

For smaller recoveries, the manager is simply the parent, acting as the child’s natural guardian. Under O.C.G.A. § 29-3-3, when the gross settlement is $25,000 or less, the natural guardian can receive and hold the funds without becoming a conservator. In that role the parent holds the money in trust for the child and is expected to use it for the child’s benefit, but no formal appointment and no continuing court supervision attach. The parent’s authority comes from the guardian relationship itself, not from any court order.

The conservator as manager

Once the recovery is large enough to require it, management passes to a conservator, a fiduciary appointed and supervised by the court. The conservator, not the parent acting informally, becomes the legally responsible custodian of the money, and the role carries real constraints designed to keep the funds intact until the child reaches adulthood. Typical features of conservator management include:

  • Holding the money in a restricted account established for the child, so it cannot be freely withdrawn.
  • Filing accountings with the probate court that show how the funds are kept and spent.
  • Obtaining court permission to reach the principal for the child’s needs, rather than spending at the manager’s own discretion.
  • Standing personally answerable, as a fiduciary, for safeguarding the funds.

The practical effect is that a conservator manages the money under ongoing oversight, while a natural guardian manages it on trust alone.

Who fills the role

The conservator is often a parent, but the appointment is what confers the management authority and the duties that come with it; a court may appoint someone else where that better serves the child. Either way, the custodian holds the funds for the child and cannot treat the settlement as the family’s general money.

The bottom line

For a Georgia child’s settlement, the manager is the parent as natural guardian for smaller recoveries and a court-appointed, court-supervised conservator for larger ones, under O.C.G.A. § 29-3-3. Which manager applies determines how tightly the money is controlled: informal trust in the parent’s hands, or a restricted, accountable conservatorship answerable to the probate court.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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