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Uniform Transfer to Minors Act

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What is the name of your state (only U.S. law)? Pennsylvania.

I have two nieces and a nephew that have this account set up for them about 8 years ago. I have little contact with them. I just learned that my nephew has a learning disability and because of this, he had to repeat a year of grade school due to failing grades. He is now 14 years old and in the 7th grade. His grandmother is his guardian. She refuses to provide me with copies of reports that will provide me with his progress. I have doubts that he will even finish high school.
I started these UTMA accounts to help these children to further their education to better prepare them for the job market. My bank did not fully explain to me the pro's and con's of opening these accounts and now I regret it.
My nephew has about $6300.00 in his account and my two neices have simular amounts.
It appears from my research, that I have to turn over control of these funds when they reach either 18 or 21 years of age. Well, I strongly suspect that my nephew will not have enough ability to grasp the principals being taught in trade schools and will fail and the funds will be wasted.
So my questions are:
What are my rights under Pennsylvania Law?
Can I legally signed these children up to attend a business or trade school and pay in advance; thereby avoiding a criminal act. In this way, they do not get the funds to use as they please for other then education?
 


stealth2

Under the Radar Member
What makes you think you have any right to get information about them? Or to make educational decisions for them?
 

CJane

Senior Member
Everything that's been put into the accounts is considered an irrevocable gift. You cannot take it back, and you cannot specify how the funds are used once they are transferred to the child upon his/her majority. The monies are actually owned by the child upon deposit into the account.
 

FlyingRon

Senior Member
You are not the guardian on the account so you have no rights to any information on them.
Even if you were the guardian, you have no rights to the kid's educational information.
 

anearthw

Member
Many disabled children struggle to adapt to stereotypical academic environments but succeed later in environments such as trades.
 

CJane

Senior Member
Many disabled children struggle to adapt to stereotypical academic environments but succeed later in environments such as trades.
Also. Repeating a year of elementary school is not indicative of disability or future educational success. Frankly, being a straight A student is not indicative of success in college.
 

xylene

Senior Member
You are trying to punish the grandmother guardian for the lack of contact.
The grades issue is a red herring.

You were not misled by the bank.
Your failure to consider the possibility that you might want to withdraw your gift was your own.

You come across as a very low person.
 

torimac

Member
Many people who do not do well in academics do well in a trade. The difference is that a trade is often a hands-on learning, much differerent from book learning. Yet many of them still require formal training. A car mechanic, for instance, will usually have 6 months to one year training at a trade school or a community college. It's more hands-on than book learning, so your nephew might succeed in that environment. Almost all occupations above minimum wage require some training or additional education. He will just need to pick an occupation that he likes and will succeed at the training.
 

anearthw

Member
It's also worth considering that for this disabled youth, the difference between a life of self-sufficiency and floating along on public assistance can be something as simple as a fund that helped him get through a basic trades assistant program, helping out in an auto shop or something similar. Not everyone needs a BS in Philosophy (or is that a BA? I forget... it's been a while since I finished my degree). That sort of funding can be life changing.

Aunt/Uncle, I have a few boys and one of them is disabled (autism, probably more severe than your more common learning disabilities) and the best way to deal with this is not to cry over what you thought they were supposed to be, but support them in finding a path that they can be. Disabilities and failing lower school grades (or even high school) does not make this child a write-off in terms of education. Perhaps consulting a local learning disabilities association can open up your mind as to what this funding might help him achieve in life, if it is hard for you to imagine right now.

The last thing this child needs in life right now is to have doors shut on him for possessing brain function that our modern world deems insufficient. Disabled children can do amazing things when you let them show you their world rather than forcing them into yours.

http://ncld.org/adults-learning-disabilities/jobs-employment-ld

(PS, I have a "BS" in Arts ;) and my spouse, who did nothing but trades school, makes twice my wage).
 

OHRoadwarrior

Senior Member
Further, many times, one bar to a less than college ready student is funding to obtain the tools they need to pursue a career they are capable of.
 
The grandmother is most likely gettng aid from Public Assistance and what ever I give him is just extra. I now know UTMA is unrevovable, but back when it was established, I did not know. Well based on the grandmothers resistance in allowing me access to his school reports only tells me that my nephew is borderline passing or failing his grades.
I believe my nephews condition was brought on by the lack of proper educational toys when he was about 3 or 4 years old. The kind of toys he got were the entertainment type and not building blocks with numbers or letters on them or any other educational toy. Right now, his only interest is sports and playing computer games on his cell phone.
I am positive the money in his UTMA will be wasted on junk. Well, I am not going to wait to find out. I already notified my bank to stop withdrawing cash from my pension check to his account. I will also stop my monthly cash payments to his grandmother for his welfare. I refused to help pay for his cell phone.
Let this be a warning to all who might consider establishing a UTMA. Your intentions may be admirable, but the child has the last say on how he will use his account money.
The UTMA law needs to be amended.
I have been on pension for almost 19 years and also receive some Social Security and it was not easy for me to contribute to these accounts.
 

Zigner

Senior Member, Non-Attorney
The grandmother is most likely gettng aid from Public Assistance and what ever I give him is just extra. I now know UTMA is unrevovable, but back when it was established, I did not know. Well based on the grandmothers resistance in allowing me access to his school reports only tells me that my nephew is borderline passing or failing his grades.
I believe my nephews condition was brought on by the lack of proper educational toys when he was about 3 or 4 years old. The kind of toys he got were the entertainment type and not building blocks with numbers or letters on them or any other educational toy.
Oh brother :rolleyes:
Let this be a warning to all who might consider establishing a UTMA. Your intentions may be admirable, but the child has the last say on how he will use his account money.
The UTMA law needs to be amended.
Huh? Your ignorance of the effects of your action do not mean that anything needs to be amended. It simply means that you didn't take the steps to educate yourself. Perhaps you should have played with more educational toys when you were younger.
 

Zigner

Senior Member, Non-Attorney
what is the name of your state (only u.s. Law)? Pennsylvania.

I have two nieces and a nephew that have this account set up for them about 8 years ago. I have little contact with them. I just learned that my nephew has a learning disability and because of this, he had to repeat a year of grade school due to failing grades. He is now 14 years old and in the 7th grade. His grandmother is his guardian. She refuses to provide me with copies of reports that will provide me with his progress. I have doubts that he will even finish high school.
I started these utma accounts to help these children to further their education to better prepare them for the job market. My bank did not fully explain to me the pro's and con's of opening these accounts and now i regret it.
My nephew has about $6300.00 in his account and my two neices have simular amounts.
It appears from my research, that i have to turn over control of these funds when they reach either 18 or 21 years of age. Well, i strongly suspect that my nephew will not have enough ability to grasp the principals being taught in trade schools and will fail and the funds will be wasted.
So my questions are:
What are my rights under pennsylvania law?
Can i legally signed these children up to attend a business or trade school and pay in advance; thereby avoiding a criminal act. In this way, they do not get the funds to use as they please for other then education?
the grandmother is most likely gettng aid from public assistance and what ever i give him is just extra. I now know utma is unrevovable, but back when it was established, i did not know. Well based on the grandmothers resistance in allowing me access to his school reports only tells me that my nephew is borderline passing or failing his grades.
I believe my nephews condition was brought on by the lack of proper educational toys when he was about 3 or 4 years old. The kind of toys he got were the entertainment type and not building blocks with numbers or letters on them or any other educational toy. Right now, his only interest is sports and playing computer games on his cell phone.
I am positive the money in his utma will be wasted on junk. Well, i am not going to wait to find out. I already notified my bank to stop withdrawing cash from my pension check to his account. I will also stop my monthly cash payments to his grandmother for his welfare. I refused to help pay for his cell phone.
Let this be a warning to all who might consider establishing a utma. Your intentions may be admirable, but the child has the last say on how he will use his account money.
The utma law needs to be amended.
I have been on pension for almost 19 years and also receive some social security and it was not easy for me to contribute to these accounts.


( q4p )
 

anearthw

Member
Oh boy. Well, if that is your educated opinion on learning disabilities, so be it. Like the world didn't have enough ignorant commentary on disabled kids.
 

Proserpina

Senior Member
I believe my nephews condition was brought on by the lack of proper educational toys when he was about 3 or 4 years old. The kind of toys he got were the entertainment type and not building blocks with numbers or letters on them or any other educational toy. Right now, his only interest is sports and playing computer games on his cell phone.

HAHAHAHHAHAAAAHAHAHAHAHA

Oh...you're serious, aren't you?

:eek:

So in other words, because he has games that may teach hand-eye coordination, strategy, concentration, timing, organization, patience, history, geography...


.... he should be limited to Lego?

Huh. Interesting.
 
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