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appointed Guardian to large sum of money for my child

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hortonj

Junior Member
We live in florida ,
I was appointed guardian of my daughter 5Yrs old which has recently came into a large sum of money via a accident , she is not a special needs case , lions share went to a anuity , but large portion went to investment and money market account for any bills or occurences,

My question is ?

What can we legally spend the money for her on , I understand that it must be for her , But , What about daily things , Is there a site That explains in detail ,, Her Attorney was very brief "Quote" ( Anything directly related to her injury )I just don't want to do any thing wrong
Any help will be appreciated greatlyWhat is the name of your state?
 


BlondiePB

Senior Member
hortonj said:
We live in florida ,
I was appointed guardian of my daughter 5Yrs old which has recently came into a large sum of money via a accident , she is not a special needs case , lions share went to a anuity , but large portion went to investment and money market account for any bills or occurences,

My question is ?

What can we legally spend the money for her on , I understand that it must be for her , But , What about daily things , Is there a site That explains in detail ,, Her Attorney was very brief "Quote" ( Anything directly related to her injury )I just don't want to do any thing wrong
Any help will be appreciated greatlyWhat is the name of your state?
What part of "anything related to her injury" do you not understand? Her daily things are NOT related to her injury. Aren't those investment monies in restricted funds that require a court order to release?
 

hortonj

Junior Member
trying to find out what can be spent for child

Well she was held back in school because of her accident so that required a tutor to get her back up to speed to actually pass to the next class, is that considered injury related , also for that tutor , she recommened that i get the child a computer to improved motor skills and use learning programs , such as phonics type programs , is that considered injury related to the courts , i buy special clothing for her because of the scaring on her torso , plain blue jeans on small waist banded normal clothing iritates her scars and causes problems , so we buy her slacks with wide waist bands , which are rather expensive, is that considered injury related these things we would not have had to normally do, I have 3 other children we dont buy these things for them , there kids and they play hard so they were play clothes around the house and uniforms to school ,

I am just trying to find out how far out i can go , The money in is my trust and i have access to it as a guardian , via checkbook , i report to the courts once a year with reciepts

to date we have spent our own family income on everything , and have not touched any of the money set aside for her , we put the miliions in a structured settlement for her , so when she is grown but left a few hundred thousand in a local account ie.. money market for her , incase needed for medical or the what evers that come along for her.
 

Dandy Don

Senior Member
A family law attorney who has experience with guardianships can advise you about this--the court should have given you a booklet with special instructions, but the law may provide specific guidelines about this. You will want to be meticulous about keeping receipts for everything you spend money on her for, as you may be asked at a future date to provide an accounting. Intent is to make sure you are spending the money on her and not on yourself or for some other purpose.
 

rmet4nzkx

Senior Member
hortonj said:
Well she was held back in school because of her accident so that required a tutor to get her back up to speed to actually pass to the next class, is that considered injury related , also for that tutor , she recommened that i get the child a computer to improved motor skills and use learning programs , such as phonics type programs , is that considered injury related to the courts , i buy special clothing for her because of the scaring on her torso , plain blue jeans on small waist banded normal clothing iritates her scars and causes problems , so we buy her slacks with wide waist bands , which are rather expensive, is that considered injury related these things we would not have had to normally do, I have 3 other children we dont buy these things for them , there kids and they play hard so they were play clothes around the house and uniforms to school ,

I am just trying to find out how far out i can go , The money in is my trust and i have access to it as a guardian , via checkbook , i report to the courts once a year with reciepts

to date we have spent our own family income on everything , and have not touched any of the money set aside for her , we put the miliions in a structured settlement for her , so when she is grown but left a few hundred thousand in a local account ie.. money market for her , incase needed for medical or the what evers that come along for her.
While she may not be a "special needs" child, she does need ADA accommodations (IAP) www.kidsource.com/kidsource/content3/ada.idea.html and you need to advocate for her in that regard, thus she should have ADA accommodaitons in school including tutor if necessary, more time to do work etc. I suggest you contact your local center for independent living for guidance. If she is having difficulty learning, it would be wise to either have the school evaluate her for learning disabilities and or take her to a neuropsychologist for evaluation, if there are literally Millions, she should not suffer because you do not know when and what you can spend the money on. Yes clothing touching scars can be painful, have you thought about streach clothing or shift type garments? Silk underwear? Eventually she may require cosmetic sugery for repair of scars.
 

BlondiePB

Senior Member
hortonj said:
Well she was held back in school because of her accident so that required a tutor to get her back up to speed to actually pass to the next class, is that considered injury related , also for that tutor , she recommened that i get the child a computer to improved motor skills and use learning programs , such as phonics type programs , is that considered injury related to the courts , i buy special clothing for her because of the scaring on her torso , plain blue jeans on small waist banded normal clothing iritates her scars and causes problems , so we buy her slacks with wide waist bands , which are rather expensive, is that considered injury related these things we would not have had to normally do, I have 3 other children we dont buy these things for them , there kids and they play hard so they were play clothes around the house and uniforms to school ,

I am just trying to find out how far out i can go , The money in is my trust and i have access to it as a guardian , via checkbook , i report to the courts once a year with reciepts

to date we have spent our own family income on everything , and have not touched any of the money set aside for her , we put the miliions in a structured settlement for her , so when she is grown but left a few hundred thousand in a local account ie.. money market for her , incase needed for medical or the what evers that come along for her.
You failed to answer my question which was...is the account RESTRICTED funds? The answer to this is important for providing you with the PROPER answer to your questions.
 

hortonj

Junior Member
About the funds

I thought i stated that i have access via check book , In my Name as guardian , as for restricted , the account is restricted as far as spending the money for her only, But was My
Doing , The courts Gave My wife and I , Pain and suffering Money via the law suit , We agreed , That She was the one with pain and suffering , And we did what normal parents would do to ensure there childs well being , SO we put the money In a account for her only ,In her name , And named me as guardian to that money for her , because she will not be able to get the large sum until years 18 plus, The mistake i possiably made was going through the court to do it ,How ever we just wanted the money protected for her, So in future no one could ever touch or take it from her , If for some unkown reason something happen to us . Or we divorced or was named in a lawsuit . but by doing it that way now we have to report to the courts once a year with reciepts . My wife and I have been married for 21 years , And do not aticiapate any of this but you never know what tommorrow brings. And the control will fall to my sisters , not that i don't trust them it's just that it would be less tempting , I hope i don't sound Paranoid, Just trying to protect her future because we don't know what attention she will need later or other surgeries

I also want to take a moment to say Thank you all for the great information
I really kind of got in over my head , I do have a guardianship attorney
for tax reasons , But, i am sorry to say talking to this guy is like trying to talk to the president i swear i think he has me on ignore , I am looking into changing that to a less busy attorney
 

seniorjudge

Senior Member
hortonj said:
I thought i stated that i have access via check book , In my Name as guardian , as for restricted , the account is restricted as far as spending the money for her only, But was My
Doing , The courts Gave My wife and I , Pain and suffering Money via the law suit , We agreed , That She was the one with pain and suffering , And we did what normal parents would do to ensure there childs well being , SO we put the money In a account for her only ,In her name , And named me as guardian to that money for her , because she will not be able to get the large sum until years 18 plus, The mistake i possiably made was going through the court to do it ,How ever we just wanted the money protected for her, So in future no one could ever touch or take it from her , If for some unkown reason something happen to us . Or we divorced or was named in a lawsuit . but by doing it that way now we have to report to the courts once a year with reciepts . My wife and I have been married for 21 years , And do not aticiapate any of this but you never know what tommorrow brings. And the control will fall to my sisters , not that i don't trust them it's just that it would be less tempting , I hope i don't sound Paranoid, Just trying to protect her future because we don't know what attention she will need later or other surgeries

I also want to take a moment to say Thank you all for the great information
I really kind of got in over my head , I do have a guardianship attorney
for tax reasons , But, i am sorry to say talking to this guy is like trying to talk to the president i swear i think he has me on ignore , I am looking into changing that to a less busy attorney


Guardianships can be real puzzles to most people. If your lawyer is not helping you, then dump him.
 

BlondiePB

Senior Member
hortonj said:
I thought i stated that i have access via check book , In my Name as guardian , as for restricted , the account is restricted as far as spending the money for her only, But was My
Doing , The courts Gave My wife and I , Pain and suffering Money via the law suit , We agreed , That She was the one with pain and suffering , And we did what normal parents would do to ensure there childs well being , SO we put the money In a account for her only ,In her name , And named me as guardian to that money for her , because she will not be able to get the large sum until years 18 plus, The mistake i possiably made was going through the court to do it ,How ever we just wanted the money protected for her, So in future no one could ever touch or take it from her , If for some unkown reason something happen to us . Or we divorced or was named in a lawsuit . but by doing it that way now we have to report to the courts once a year with reciepts . My wife and I have been married for 21 years , And do not aticiapate any of this but you never know what tommorrow brings. And the control will fall to my sisters , not that i don't trust them it's just that it would be less tempting , I hope i don't sound Paranoid, Just trying to protect her future because we don't know what attention she will need later or other surgeries

I also want to take a moment to say Thank you all for the great information
I really kind of got in over my head , I do have a guardianship attorney
for tax reasons , But, i am sorry to say talking to this guy is like trying to talk to the president i swear i think he has me on ignore , I am looking into changing that to a less busy attorney
Things you can and cannot do with that checking account should have been covered by your attorney and the guardianship class that you have to attend. There is a specific amount of money for buying items for a ward, other than things like medication, etc., that would require a court order to use either account. I will not post such details on the open forum because others can use the info to the disadvantage of the ward. I'd rather crooks get caught.

In addition, make a list of all expenditures that you have made with your own money for items related to her accident and submit it to your attorney for reimbursement with a copy of the receipts.. The judge will review this, make a decision of whether or not to reimburse you for the money, and issue you a court order to do so.

When it comes to minor children, there is a balance between what would parents spend on their child regardless the award of any monies received that are under the watch of the court.

You can read FL guardian statutes in Chpt. 744 at this link www.flsenate.gov/statutes
 

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