Frequently Asked Questions

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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. Parents are responsible for food, clothing, shelter, and medical care for minors, and the Court will wish to know why the parent is not paying if the expenditure that is being requested is for one of those expenses.

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.

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.

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