Guardians of Minors Estates (GDN)

The funds of a minor can only be spent on three types of expenditures without prior Court order: (1) the bond premium, (2) Court costs, and (3) income tax on the money of the minor that is being held by the guardian. All other expenditures must be preapproved by the Court. To obtain approval, the guardian files a Petition for Authority To Expend Funds, asking the Court to approve a particular expenditure and attaches any backup documentation, such as the quote for a computer or the brochure for a summer camp. A Financial Statement from the parent(s) should also be attached.

Ordinarily, the funds of a minor are not to be used for the support of the minor because parents are responsible for support. Therefore there should be no emergencies. If an emergency does occur and the guardian spends money without prior Court approval, the guardian can file a petition for ratification (approval) of the expenditure but will be personally responsible for repaying the money if the Court does not ratify (approve) the expenditure.

The parents of the minor have priority under the law in the District of Columbia to serve as the guardian of a minor, and a custodial parent is more likely to be appointed as a guardian than a noncustodial parent. If custody of the child has been granted to a nonparent by the Court, that custodian is more likely to be appointed than the parents.

A minor who is fourteen or older has the right to nominate a guardian.

Other possibilities depend on the facts of the situation. Consult an attorney for advice.

Bond protects the assets of the minor. A guardian of a minor must be bonded in the amount of the assets that the guardian will be holding plus one year’s worth of income from those assets. If the guardian misappropriates the assets, the bonding company will reimburse the estate of the minor in the amount that was mishandled up to the value of the bond. Superior Court is not likely to appoint anyone who cannot obtain bond as a guardian.

There is no Court cost to file a petition to become a guardian of the estate of a minor.
 

The forms are available online. Print them out to file. The forms must be filed in person because the proposed guardian and minor must meet with an Assistant Deputy Register of Wills.

No. The Probate Division handles guardianships of the property or assets of a minor. The Family Division handles petitions for appointment of a custodian of a child when one is needed to make care or custody decisions. A petition for appointment as custodian should be filed in the Family Division.

A parent who cannot be located and therefore has not consented to a petition for appointment of a guardian of the estate of a minor can be served by publication or some other method for good cause shown if the Court so orders.