Civil or Superior Case that Lacks Capacity


Court Support

Please review your local probate codes. If the client is a minor or lacks capacity (i.e., has a formal conservator/guardianship/tutrix), the settlement most likely requires probate approval. Please note the following:

  • A Guardian Ad Litem (GAL) is not the same as a formal conservator/guardianship/tutrix of person and property.
  • Upon request, we can engage experienced counsel to provide probate support.

Order requirements

  • Approval of settlement
  • Authority to move funds to CPT (i.e., See Funding Instructions below)
  • Authorized grantor/party to sign trust documents (must be the client, parent, grandparent, guardian, or the court):
  • “The court hereby authorizes [Authorized Party To Sign] as the grantor and [Relation to the client] to execute and establish a [Name of Trust] FBO of [Client’s Legal Name].”

Virtual Court Support

Please register a representative from our organization to attend and support you during your hearing.

  • Please make sure the CPT Representative has the hearing call-in information to attend the hearing.

Send CPT Institute Require Documents

  • All settlement documents
  • Confirmation that the Trust Documents & Proof of Service has been provided to the court in advance of the hearing
  • Approved Order
  • A copy of the client’s signed Social Security Card (some exceptions apply)
  • If a Structured Settlement is involved: Final Structured Settlement/Annuity Quote and finalized Annuity Contract (acquired from the settlement consultant/broker directly post-settlement)
  • If a Medicare Set-Aside is involved: MSA Allocation Report & CMS Approval Letter

Signing with Client

Schedule a time on my personal calendar with your client to review the trust documents with the client to set appropriate expectations for a successful transition. In order to ensure the meeting is a success, please complete everything below prior to the appointment.

  • Ensure a copy of the client’s signed Social Security Card is on file.
  • Full legal names and contact information for potential remainder beneficiaries of trust funds should be known before the meeting.
  • Please have the client watch our 6-minute signing video (available in English and Spanish).
  • A witness over 18 (or a notary) is required to complete the signing.
  • Executed electronic copies accepted upon completion.
  • Spending plan sheet
  • Link to funding instructions.

Funding Reminder

Funding Instructions: Please ensure the titling instructions include your client’s legal name as it appears on their Social Security Card.

Funding Instructions

*Immediate signing and funding require individual funding instructions, please inform your assigned CPT Representative if this applies.

Once we receive the check it takes about 2-3 business days to clear, we will contact and notify all parties. Please visit our “What’s Next” webpage to ensure a smooth transition.