Applications to Expend Funds from Minor Accounts
READ THESE IMPORTANT GUIDELINES BEFORE REQUESTING FUNDS.
A guardian of a minor’s estate is required to preserve the minor’s funds. The Court will not approve applications to expend funds simply because the guardian requests the funds. Instead, the Court will consider the specific circumstances of each application and consider the best interest of the minor. For example, the Court will always consider the age of the minor and the amount of funds in the estate. More restrictions will apply to estates under $25,000. Each application will be reviewed by a Magistrate and may be approved or denied with or without a hearing.
In order to expend funds from a minor’s estate, the guardian MUST explain in writing:
(1) A NEED for the funds for the purpose of the minor’s support, maintenance, medical care, or education, and
(2) That the minor’s parent(s) are unable to fulfill their responsibility to financially support the minor. (A Household Resource Worksheet must be filled out and filed with the application.)
- Medical and orthodontia expenditures will generally be approved.
- Enhanced educational opportunities (i.e. school field trips, music classes, extracurricular activities at church, school or clubs) will generally be approved. However, the Court will not approve tuition for a private school unless it is demonstrated that sufficient funds exist to cover schooling through the length of the guardianship AND that sufficient funds exist to cover any future needs of the minor.
- Miscellaneous expenditures may be approved so long as supporting documentation is provided, and the circumstances of the case justify the expenditures. EXAMPLE: a laptop that costs less than $1,000.00 when the minor cannot otherwise afford a laptop.
- Copies of the invoices MUST be submitted with the application in order to be considered.
Examples of expenditures that will NOT generally be approved:
- Gifts for the minor, including birthday and holiday presents.
- Rent, security deposits, and moving expenses.
- Utilities and household expenses.
- Gaming systems.
- Automobile for use of another to transport the minor.
- Jewelry, hair care, cosmetics.
- Cell phones.
- Family vacations.
- Bedroom furniture.
Application to Expend Funds from Minor Accounts MUST be filed with supporting documents (i.e. Invoices, Receipts, Household Resource Worksheet, etc.). See Local Rule 66.1(A)(15) for additional information.