MINOR CONSERVATORSHIPS & MINOR CLAIMS

We see three main circumstances where a minor child is to receive property or money, and needs someone to handle that transaction on their behalf.

In the first case, the minor child has been injured. It may have been a birth injury, or due to a car accident or other accident. Whether there’s a lawsuit to recover on their behalf, or whether an insurance company agrees to pay a settlement, the minor child cannot receive the money that’s due to them for their injuries until someone has the legal authority to do so on their behalf.

In the second situation, the minor child has lost a parent in an accident or other unexpected way, and they are entitled to receive money for that wrongful death. Once again, there’s money that is due to the minor child, but he or she cannot accept the money because he or she is not of legal age. So, it is necessary for someone, whether it is the minor child’s surviving parent or another relative, to do so on the minor child’s behalf, with court permission.

Finally, there’s the third type of case we see: when the minor child’s grandparent or other family member has passed away, leaving an inheritance to the minor child. It may be an interest in a house, or it might be life insurance, or stocks, or any other property. Because the minor child is not yet 18, he or she cannot receive the property from the family member’s estate. You, a parent, or other relative will need to be appointed as “conservator” for the minor child. We can help you get the authority you need to keep doing what you do best – making sure your child is getting everything he or she needs.

Whatever the source of the money that your child is to receive, it will be necessary for you or another relative to ask the court for permission to become appointed as a “conservator” for your child. If you’ve never done it before, it can be a confusing process. As you might imagine, the judge will need to make sure that the minor child’s money will be managed carefully to avoid loss in value. Because a minor child can’t legally act on their own behalf in a case, the judge has to make sure his or her interests are being protected. It’s a serious matter, and the details matter. That’s why it’s critical to employ a skilled conservatorship attorney to help you with the process.

When a petition for conservatorship is filed, family members must be notified of the petition. Your minor child will be represented by a “guardian ad litem” to make sure that what happens is in his or her best interest. A hearing will usually be held. Once the judge is convinced that the proposed plan of action is in the best interest of the minor child, then he will appoint a “conservator” to receive the minor child’s property and manage it for their benefit.

As a conservator, you will have to report your actions to the court at least annually. The judge carefully reviews these reports to make sure that the minor child’s money is being safeguarded.

The conservatorship will continue until the minor child turns 18. At that point, the court will review the case to make sure that everything that has happened properly, and if it has, the conservator will be officially relieved from his or her duties.

The minor conservatorship process is complicated, and rightly so. A minor child cannot take legal action on her own behalf, so the judge has the responsibility to make sure that her property is being safely maintained and used only for her benefit. It’s important to get the reporting to the court handled right, so there’s no question about how the minor child’s property has been handled. Whatever the source, if your child is entitled to receive money or other property, we can help. Our mission is to provide skilled, responsive representation in minor conservatorship cases. You’ve stepped up to make sure your child gets the money due to them, so let us take it from here. We’ll guide you through the court efficiently, and make you understand your responsibilities as conservator. You’re already doing the hard work of parenting. Let us help you with the legalities so that your child gets the money they’re due.

If your minor child is entitled to receive money or property, and you need the authority to receive and manage it, give us a call.