Legal Question in Personal Injury in Wisconsin
If a child has funds from a lawsuit that cant be touched untill they are 18 is there away that some of the funds can be used for a family funeral?
2 Answers from Attorneys
The general rule is that the parent or guardian is responsible for caring for a child until the child becomes an adult. Thus, under the general rule, the parent or guardian has the responsibility for getting the child to the funeral. In special circumstances, the parent or guardian may ask the judge who approved the settlement to allow money to be taken from the account of the child, but there must be circumstances that are compelling before most judges will do that.
Usually the Order that is signed by the Judge as part of a Minor Settlement Hearing will have a provision that the child's funds cannot be obtained prior to the child's 18th birthday, unless there is additional approval by the Court. Generally, you will have to file a motion with the Court to ask the Court to allow money to be withdrawn earlier, and this will usually require extraordinary circumstances, such as a medical situation for the child, etc. The Court will usually consider the parents or guardians to be responsible for all of the child's expenses prior to their 18th birthday, will not allow the child's money to be used for "family" expenses, or other reasons, and will want to insure that the money, which was originally allocated from the settlement for the child, will remain available for the child when he or she becomes an adult.