What if a guardian spends a minor’s settlement check?

Get Legal Help Today

 Secured with SHA-256 Encryption

What if a guardian spends a minor’s settlement check?

My son got a settlement for $4225. The check was made out to me as his legal parent and guardian but I was told to place in a blocked account until he was 18. If I cashed the check and used it for our home and household needs (plus the fact my son is sleeping on the couch and needs a bed) what is the worse thing that could happen to me by the courts?

Asked on August 21, 2012 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I can certainly understand how the need for the money is pressing, especially in these economic times.  And the uses that you intend are for the direct benefit of your son.  But I would ask the court to allow you to use the money for his benefit and keep track of the use.  That is the safest way to go.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption