Can you use some of a child’s settlement money before they turn 18 for college or medical expenses?

Short answer: Possibly — but in Massachusetts you usually must get the Probate and Family Court’s approval or arrange a court-sanctioned guardianship/conservatorship or structured settlement. The court’s job is to protect the child’s money and will only allow early distributions when the proposed use is reasonable and in the child’s best interest.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For decisions about a specific case, consult a Massachusetts attorney who handles probate or personal-injury settlements for minors.

Overview — how Massachusetts treats money awarded to minors

When a minor (someone under 18 in Massachusetts) receives a settlement or judgment — for example from a personal-injury case, insurance payout, or other claim — Massachusetts courts treat those proceeds as the minor’s property. The Probate and Family Court supervises how those funds are held and spent to make sure the minor’s long-term interests are protected.

The Probate and Family Court applies Massachusetts probate law (see Chapter 190B, the Massachusetts Uniform Probate Code) and local court procedures to authorize settlements, appoint a guardian of the estate, and approve distributions. See the Probate and Family Court information page for general rules: Massachusetts Probate and Family Court. For Massachusetts probate law, see Chapter 190B: M.G.L. c. 190B (Uniform Probate Code).

What the court typically requires before releasing money to pay college or medical bills

Because the court protects the minor’s estate, parents or guardians cannot simply withdraw settlement funds at will. Typical approaches and requirements include:

• Court approval of the settlement: If the settlement resolves a claim for a minor, the parties often file a petition asking the Probate and Family Court to approve the compromise. The court may order that all or part of the money be placed under a guardian’s control, in a blocked account, or in the court registry until the minor reaches majority.
• Guardian of the estate / conservator: The court can appoint a guardian or conservator to manage the child’s funds. That guardian must account to the court and follow any restrictions the judge imposes. The guardian may petition the court for authority to pay for necessary expenses (medical bills, education costs).
• Specific petitions for early distributions: To get money before age 18 for tuition, medical treatment, or other needs, a guardian/parent or attorney typically files a petition with the Probate and Family Court explaining the need, attaching invoices or estimates (tuition bills, treatment plans, cost estimates), and proposing how much to release and how the remainder will be protected.
• Structured settlements or trusts: The court can approve structured payments (periodic payments) or require that funds be placed in a trust or blocked account that permits limited distributions for education or health care. The court will typically prefer an arrangement that preserves funds for the child’s future while allowing reasonable current needs.

How to petition for access to settlement funds for college or medical expenses

Steps you or your attorney will usually follow:

1. Keep a copy of the settlement agreement and all supporting documents (medical records, treatment plans, tuition bills, financial aid offers, parental income information).
2. Have the settlement reviewed by counsel (an attorney experienced with minors’ settlements and probate petitions). The settlement itself may already include language about court approval and proposed distributions.
3. File a petition (often called a petition to approve compromise or a petition for guardianship/conservatorship and authority to expend) in the Probate and Family Court in the county where the child lives.
4. Attach evidence supporting the requested distribution: invoices for tuition, school acceptance letters, itemized medical bills, treatment recommendations, and a proposed budget or distribution plan for remaining funds.
5. Notify required parties — the court will require notice to the minor (through a guardian ad litem in many personal-injury settlements), to parents, and to any other interested parties. In some cases the court appoints a guardian ad litem to represent the minor’s interests.
6. Attend the court hearing. The judge will decide whether the requested withdrawal is reasonable and in the child’s best interest and whether to approve the guardian’s request or the proposed distribution plan.

What evidence helps persuade the court

• Detailed bills or invoices (tuition statements, accepted student financial documents, itemized medical bills or estimates).
• Letters from service providers: hospital, treating physician, or school financial office explaining costs and deadlines.
• A proposed budget showing how much you ask to release now and how the remainder will be protected.
• An explanation of alternatives (other funding sources, insurance, scholarships) and why the settlement funds are necessary.

Common outcomes the court may order

• Approval for a one-time disbursement to pay specific tuition or medical bills now, with the remainder placed under the guardian’s control or in a blocked account.
• Authorization for recurring or conditional distributions for ongoing medical care or semester-by-semester tuition payments, with accounting to the court.
• Requirement that remaining funds be placed in a trust or structured settlement that pays the minor or a trustee at a later date.
• Denial of early access if the court concludes the request is not reasonable or if the distribution would jeopardize the child’s future financial security.

Practical tips and helpful hints

• Start early. Probate petitions and court review take time. If you need funds for an upcoming semester or an urgent medical treatment, begin the process as soon as possible.
• Work with an attorney who handles minor settlements and Probate and Family Court practice — they know required forms, notice rules, and local judges’ expectations.
• Document everything. Clear invoices, acceptance letters, and medical recommendations improve your chance of approval.
• Consider structured settlements or trusts. Courts often prefer arrangements that both meet immediate needs and protect long-term funds.
• Be prepared to account for money spent. If you receive court-authorized funds, the guardian may have to file accountings with the court showing how funds were used.
• Explore other sources first. If scholarships, insurance, or public benefits can cover some costs, explain that to the court to show you considered alternatives.

Next steps if you want to proceed

1. Gather documentation (settlement papers, bills, school/medical letters).
2. Contact a Massachusetts probate attorney who has experience with minor settlements or consult the Probate and Family Court clerk’s office for local filing procedures: Probate and Family Court.
3. File the required petition and provide required notice so the court can schedule a hearing.

Useful Massachusetts resources

• Probate and Family Court (general information and clerks’ offices): https://www.mass.gov/orgs/probate-and-family-court
• Massachusetts General Laws — Chapter 190B (Uniform Probate Code, governing guardianship and estate matters): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter190B

Final note

The Probate and Family Court balances the minor’s immediate needs with long-term protection of the child’s property. Courts often allow reasonable, documented early distributions for medical care or higher-education costs, but they generally require a formal petition and court supervision. Talk with a Massachusetts probate attorney early in the process to evaluate options and prepare the strongest possible petition.