Civil or Superior Case that Lacks Capacity
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.
- 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 Instructions: Please ensure the titling instructions include your client’s legal name as it appears on their Social Security Card.
*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.