INSTRUCTIONS FOR GUARDIAN’S APPLICATION FOR USE OF MINOR’S FUNDS IN NJ

INSTRUCTIONS FOR GUARDIAN’S APPLICATION FOR USE OF MINOR’S FUNDS IN NJ

source: http://www.bergencountysurrogate.com/instructions-minoruseoffunds.pdf
        A guardian may seek permission of the Superior Court to withdraw funds from the minor’s account to be used for the support, maintenance, education, general use and benefit of the minor (and under special circumstances for the support of members of the minor’s household, who are unable to support themselves and who are in need of support).
The following is the procedure:

1. Application: The guardian must sign, under oath, a formal application requesting withdrawal of funds from the minor’s account stating the specific amount. The applicable following items will be attached and become part of this application.
   
2. Letter: You must prepare a letter before the application can or will be taken, it will be attached to and is part of the application. It is important that you write a letter explaining your application and stating your reasons why the Judge should allow the withdrawal.
   
3. Bills: You must provide copies of bills, receipts, estimates, contracts, etc., proving the amount(s) requested.
   
4. Medical/Dental Bills: If you are requesting withdrawal in order to pay medical and/or dental bills incurred for the minor, you must also include in your letter a statement as to medical/dental insurance coverage and provide copies of insurance statements explaining what has been covered by insurance and what has been denied (these statements are commonly called Explanations of Benefits). The Judge will only allow withdrawal for those amounts not covered by insurance.
   
5. Income Tax Returns: The Judge will consider the duty and ability of a parent to support and provide for the minor. Your financial status will affect the determination. Copies of your past two (2) years’ income tax returns must be provided. If you did not file, then copies of pay stubs or other proof of income will be required. (The income tax returns and pay stubs will be returned to you.)

6. Tax Preparer’s Bills: Depending on the amount of interest earned by the minor, it may be necessary for the guardian to file income tax returns for the minor. A Superior Court Judge will consider withdrawal to reimburse a guardian any reasonable accountant’s charges for preparing a minor’s income tax return. However, the guardian is still subject to the same procedure as indicated above, with the exception of your income tax returns or pay stubs or other proof of income, when applying solely for reimbursement of minor’s tax return(s) preparation fees.  
   
7. Reconsideration: If you disagree with the Judge’s decision, you can ask for reconsideration if you believe the Judge overlooked something or you have additional evidence to submit. Your request for reconsideration must be in writing.
   
8. Appeals: You have forty-five (45) days from the Judge’s final decision to appeal to the Appellate Division of the Superior Court. You have the right to do this yourself, but you will probably need the help of a lawyer and very expensive.
   

Regardless of the reason for the application, the presiding Judge can, and may require any additional information necessary in order to make a determination on the application. The Judge may impose certain conditions upon the withdrawal of funds.
Be advised, according to New Jersey law, there is a statutory fee, that the guardian must pay prior to the Judge’s review of the application. This fee is determined by the requested amount.