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

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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 11 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.


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