Attorney and Guardian ad Litem Appointments
handles appointment of guardians ad litem on probate matters. Attorneys seeking
these appointments must have taken the appropriate seminar and may see the
court clerk for appointment.
Petitions for Use of Funds in Conservatorships for Minors
The general principle, which this Court will follow, is that it is this Court's responsibility to preserve a minor's money until the minor attains age 18. The Court will not authorize the spending of that money on basic items or services, which the minor should otherwise obtain from his/her parents or legal guardian. This policy applies to petitions seeking authority to use monies in restricted bank accounts and petitions requesting approval of expenditures in the annual accountings of such conservators.
In the case of petitions seeking authority to use monies in restricted accounts, the Court will grant authority to withdraw restricted funds only in conformance with this written policy. In the case of unrestricted funds, it will be the conservator's responsibility to only spend money in accordance with this policy. These specific principles apply:
- No expenditure will be allowed unless it directly benefits the minor.
- No expenditure will be allowed that benefits the minor if the expenditure relieves a parental obligation that should otherwise be met by the parent/guardian. Exceptions to this rule may include such things as unusual medical expenses, unique educational costs or other unusual expenditures for the minor that may create an exceptional burden for the parent/guardian and are related to an injury suffered by the minor resulting in conservatorship funds. Before such an expenditure is allowed, documentation must be presented that the parent cannot otherwise provide the benefit. Receipts documenting the expenditure allowed will be presented to the Court within 14 days of an Order allowing withdrawal of money from a restricted account.
- Expenditures regarding maintenance of the principal in the minor's account will be allowed by ex parte order. An example of such an allowable expense would be payment of taxes due on interest income earned from the account.
- Under no circumstances will money be released to the Department of Health and Human Services or at its request to relieve a parental obligation as such an obligation is the parent's and not the child's.