7.4
Petition for the Appointment of a Guardian of the Estate of a Minor over the Age of 14 Years in Accordance with 20 Pa. C. S.A. §5111(a), and for the Deposit of Funds into a Restricted Bank Account in Lieu of the Entry of Security in Accordance with Philadelphia Rule 12.5.C.(3)

 
 
 
 

[SEE CAPTION AT 1.3.1]

 
 

DECREE

 
 

Now,___________________, 20____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that Henry Doe is appointed Guardian of the Estate of John Dunn, a Minor.

 

In lieu of the entry of security, the Guardian is authorized and directed to invest the funds belonging to the Minor as follows:

 
1.

To purchase a savings certificate in the sum of $35,000 from XYZ Savings Institution, Philadelphia, Pennsylvania, in his name as Guardian of the Estate of the Minor, to be marked: "Not to be redeemed except for renewal in its entirety, nor to be withdrawn, assigned, negotiated, or otherwise alienated before January 1, 2011, except on Order of Court."
 
2.
   To deposit the sum of $10,000, in the AB Savings Institution, Philadelphia, Pennsylvania, in a savings account, in his name as Guardian of the Estate of the above-named Minor, to be marked: "Not to be withdrawn before January 1, 2011, except for the payment of state and federal income taxes on the interest earned by the certificate and the account or on Order of Court."
     
3.
   Each deposit shall be fully insured by the FDIC or FSLIC.
 

The Guardian is further authorized and directed to deposit interest received from the savings certificate or other income belonging to the Minor, if any, in the aforesaid savings account opened under paragraph (2), pursuant to this Decree.

 

Within thirty (30) days from the date of this Decree, counsel for the Petitioner shall file an Affidavit with the Clerk of Orphans' Court, certifying compliance with this Decree. Copies of the savings account and/or savings certificate, containing the required restrictions, shall be attached as Exhibits to the Affidavit of counsel.

 

The Guardian is directed to file an Inventory withing ninety (90) days of the date of this Decree, in accordance with the provisions of 20 Pa. C.S.A. §5142.

 

The Guardian is not permitted to expend the principal of the minor's estate without permission of this Court, in accordance with the provisions of 20 Pa. C.S.A. §5164.

 

Henry Doe, Guardian of the Estate of John Dunn, a Minor, shall not receive any additional funds or property, except on further Order of this Court.

 

The Guardian shall file a Petition for Discharge pursuant to Phila. O.C. Rule 12.5.C.(3)(b) when John Dunn attains his majority

 
 
 
   
 
J.
 
 
 
Note: There are a variety of situations which may prompt the petition for the appointment of a guardian for a minor, and petitions and proposed decrees should be tailored as needed. Based upon the Court's preferences and to remind the Guardian of the applicable statutes and court rules, the following paragraphs should be added to the proposed Decree in appropriate cases:
     
   
When guardian is needed to apply for letters of administration when minor is intestate heir:
     
  The said guardian shall not nominate himself/herself to serve as personal representative of the Estate of _______________, Deceased.
     
  When a guardian is needed to handle litigation involving a minor:
     
    The said Guardian shall not enter into any settlement of any claim or cause of action without prior approval of this court. In the event of a settlement of any claim or cause of action, this court reserves the right to remove the guardian and appoint a corporate guardian
     
    Phila. O.C. Rule 12.5.C.(3) makes the following provisions for termination of the guardianship when the minor attains majority:
     
   
When the minor's estate is valued at less than $12,000, payment may be made by the financial institution on the joint application of the guardian and the late minor. The following paragraph is appropriate:
     
  If no withdrawals (other than the payment of income taxes) are made from the investments authorized by this Decree, the depository may pay over the balances on deposit when the Minor attains his majority, upon the joint order of the Guardian and the late Minor, without further Order of this Court.
     
  If the minor's estate is greater than $12,000, or if there have been principal allowances pursuant to Court order, the guardian must file a petition for discharge when the minor attains majority. The petition should have the following attachments: (1) statement in the nature of an account; and (2) affidavit of guardian that he has received no additional assets belonging to the minor, and that all claims known to the guardian have been paid.
 
 
 
 
 

[SEE CAPTION AT 1.3.2]

 
 

PETITION

 
 

The Petition of Jane R. Dunn respectfully states that:

 
1.

Petitioner is the mother of John Dunn, a Minor born on January 1, 1987, who resides at 261 Horse Hair Road, Philadelphia, PA 19199, with Petitioner.
 
2.
 A Guardian of the Minor's Estate is required because the Minor is entitled to the remainder of the Trust under the Will of Horace Dunn, Deceased, which consists of cash in the amount of $45,000 and which is now distributable to the Minor.
     
3.
 No other Guardian has been appointed for the Estate of the Minor.
     
4.
 The proposed Guardian is Henry Doe, age 40, who resides at 10 Main Street, Philadelphia, PA 19199.
     
5.
   The proposed Guardian is a cousin of the minor and has no interest adverse to him.
     
6.
   The Minor's Consent is attached to the Petition.
     
7.
   The Minor's Estate is composed of the above interest in the Trust under Will of Horace Dunn, Deceased, consisting of cash in the amount of approximately $45,000, which is currently held by Upstanding Trust Company as Trustee.
     
8.
   The estimated gross annual income from estate is approximately $2,700.
 

Wherefore, Petitioner respectfully requests this Court to appoint Henry Doe as Guardian of the Estate of John Dunn and to authorize him to invest the funds distributable to the minor in a restricted savings certificate and in a restricted savings account, in lieu of the entry of security.

 
 
 
   
 

Jane R. Dunn

 
 
 

[SEE AFFIDAVIT AT 1.4.1] OR [VERIFICATION AT 1.4.3]

 
 
 
 
 
 

[SEE CAPTION AT 1.3.1]

 
 

CONSENT OF MINOR

 
 

John Dunn, a Minor over the age of 14 years who resides at 261 Horse Hair Road, Philadelphia, PA 19199, accepts notice of the foregoing Petition and consents to the appointment of Henry Doe as Guardian of his Estate.

 
 
 
Dated:      
   
John Dunn
 
 
 
Note:

The Consent of the Guardian to serve should be attached to the Petition, in the same form as it appears in 7.1 above. Philadelphia Rule ..B. See Philadelphia Rule 12.5.3(e) for the authorization of the payment of income taxes from the restricted account without Court approval. See also 20 Pa. C.S.A. §5113 re consent of minor over 14 years of age.

 
 
 
7.1 | 7.2 | 7.3 | 7.4 | 7.5 | 7.6