Financial Issues

Spending any of the protected person's money usually requires court approval first. If the protected person's money is in a blocked account and the guardian needs to access the account to pay their expenses, read this section to find out the how to get court permission to access the protected person's money and pay necessary expenses.  

 

Financial Matters in General

If you were appointed the guardian over the estate, the judge may have ordered that the protected person's assets be placed into a "blocked account."  A blocked account tells the financial institution that funds cannot be released from that account without a court order.  Fortunately, there are ways that the guardian can ask the court for permission to access the account depending on the kind of expense that needs to be paid.  The guardian can ask for permission to access the account to pay monthly budget expenses, or can ask to pay one-time expenses

The guardian will have to file paperwork explaining why the money is needed, set a court date, and serve the protected person, their attorney, and their relatives who were entitled to notice of the guardianship case.  The guardian will have to appear at a hearing to explain the need for the funds.

CAUTION!

Before a judge can approve the release of any funds, the guardian must be in compliance with all of the court's orders.  This means that the guardian must have filed all necessary Annual Accountings, Reports of Guardian, and Inventories.  Check the Guardian Requirements to make sure you are in compliance with everything the court has ordered.   

 

Request to Approve Monthly Budget and Release Funds from Blocked Account

Every guardian over the estate must file a monthly budget showing the protected person's monthly income and expenses.  The guardian is generally responsible to use the protected person's assets to pay bills necessary for the proper care of the protected person.

If the court ordered the protected person's funds to be held in a "blocked account," the guardian will not be able to access the account to pay the expenses without a court order.  In this case, the guardian can ask the court to approve the monthly budget and to order a certain amount of money to be released to the guardian every month to pay those expenses.  The guardian must file paperwork with the court explaining the regular expenses that need to be paid and the total amount requested each month.  

To request permission to approve a monthly budget to pay the protected person's regular expenses, please download the packet below and follow all of the included instructions. Remember to serve the protected person, their attorney, and their relatives with a copy of your paperwork after filing. All of the forms needed for before and after the hearing are included in the packet.

Petition to Approve Monthly Budget and Release Funds from Blocked Account (pdf)

 

Request to Release Funds from Blocked Account

If there is a one-time or rare expense that needs to be paid for the protected person, the guardian can ask the court to release a certain amount of money from a blocked account to pay the expense.  The guardian must file paperwork with the court explaining the expense that needs to be paid and how much is needed.

To request permission to access a blocked account, please download the packet below and follow all of the included instructions. Remember to serve the protected person, their attorney, and their relatives with a copy of your paperwork after filing. All of the forms needed for before and after the hearing are included in the packet.

Petition to Release Funds from Blocked Account (pdf)