Guardians of Minors Estates (GDN)

Closing the Guardianship of a Minor - If the minor has reached the age of majority and cannot be located, to whom should distribution be made?

The guardian may file a Petition To Deposit Funds Into the Estate Deposit Account at the Probate Division. The funds will be held until the emancipated minor files a Petition for Release of Funds Held in the Estate Deposit Account, the Court approves the petition, and the emancipated minor brings the order allowing release of the funds to the Probate Division cashier with identification to begin the process of releasing the funds.

Closing the Guardianship of a Minor - When can funds be turned over to a minor who has become 18? Can distribution be made to the minor prior to the approval of the final account?

No. Ordinarily, the Final Account is approved, and then distribution is made to the minor. This process takes 60-90 days after the minor has become 18 because a final account must be prepared and filed, reviewed by the auditing staff, and approved by the Court. When the assets are paid to the emancipated minor, the guardian must get a signed receipt and file it in the Probate Division with the auditor who audited the final account.

Serving as a Guardian of a Minor -The guardian will not respond. What do I do?

It depends upon your relationship to the case and what you are asking the guardian to do. If the minor’s money is needed for care of the minor and you are the caretaker of the child, petition the Court to approve the expenditure. However, be advised that the Court will wish to know that the expenditure is in the best interests of the child in the view of the guardian.

Accounting Questions - How often must I file my account?

Probate Division Rules 204(a)(4) and (5) require that accounts be filed annually within thirty (30) days after the anniversary date of appointment. Final accounts must be filed within sixty (60) days after the minor’s eighteenth birthday or the guardian’s death or incapacity. A schedule of mandatory filing dates is provided to the guardian upon appointment.

Accounting Question - What is Financial Account Information form (form 27)?

It is the Financial Account Information form that a guardian is required to file with the account and includes such information as the name on an account, the name and address of the bank or financial institution, and the account number. The form is maintained under seal and is available only to authorized Court personnel unless otherwise included in the public record.

Serving as a Guardian of a Minor - What are the rights of parents or custodians of minors with respect to notices?

Notices do not have to be sent to parents or custodians. However, a parent or custodian can ask the Court to be allowed to participate as a party by filing a Petition for Permission To Participate. If the Court grants the request, the parent or custodian then has the right to receive copies of all documents that are filed.

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