Detailed answer — How early access to a minor’s settlement works in Nevada

Short answer: Possibly — but only with proper legal steps and usually with court approval. Nevada law prioritizes a child’s best interests. Money received for a minor (from a personal-injury settlement, insurance payout, or other claim) often cannot be spent freely by a parent. Instead, a court-supervised process or a statutory custodial mechanism typically controls how and when money is used before the minor turns 18.

Key legal frameworks that apply

• Court-approved minor settlements. When a settlement resolves a claim on behalf of a minor (for example, a personal-injury award), Nevada courts generally must approve the settlement or the way settlement funds are handled to make sure the outcome protects the child’s legal and financial interests.
• Guardianship or conservatorship of the estate. If the settlement creates a significant sum needing management, a court may appoint a guardian or conservator to manage the child’s financial estate. The court supervises distributions and can authorize payments for education or medical needs.
• Custodial accounts under state law or structured settlements. Some settlements use custodial transfers (a UTMA-style arrangement in many states) or structured settlements (periodic payments). If funds are held in a custodial account or structured settlement, the custodian/settlement terms govern how funds may be used — and in many cases a court must approve extraordinary distributions.

Typical ways to get access before age 18

Here are the common legal routes Nevada families use to access a minor’s settlement for college or medical expenses before the minor turns 18.

1. Ask the court to approve a distribution from the settlement or blocked account.

   If the settlement already has a court order or the funds were deposited under a court-approved arrangement, you (often through an attorney or the guardian) can petition the court for a specific distribution to a school, medical provider, or vendor. Courts commonly approve direct payments to institutions for tuition, room and board, or medical bills when you provide proof of need and that the payment is in the minor’s best interest.

2. Obtain guardianship or conservatorship of the minor’s estate.

   If no guardian of the estate exists and the settlement creates a need for ongoing money management, you can petition the probate/district court to be appointed guardian (or conservator) of the child’s finances. Once appointed, the guardian must manage the funds under court supervision and may petition the court for authorization to spend funds for education or medical care.

3. Use structured-settlement features or custodial account rules.

   If the settlement is structured (periodic payments) or placed in a custodial account, the settlement documents or custodial statutes may allow scheduled payments for certain expenses or permit court-ordered lump-sum advances. Review the settlement agreement and custodial terms; client counsel or the company administering the structure can often explain whether early payments are permitted and what court steps are required.

What the court will consider

Nevada courts will evaluate whether any requested early distribution is:

• Reasonably necessary for the minor’s care, education, or health;
• Supported by documentation (bills, tuition invoices, letters from medical providers or schools); and
• Consistent with any prior settlement agreement or court orders on how the funds must be used or managed.

Practical example (hypothetical)

Anna, age 16, receives a $120,000 personal-injury settlement approved by the court. The court ordered the money be placed in a blocked account pending further order. When Anna is accepted to college, her parent petitions the district court for a specific distribution of $40,000 to pay tuition and housing. The parent files the petition, attaches the college acceptance letter and tuition invoice, and requests the court pay the school directly from the blocked account. If the court finds the request reasonable and in Anna’s best interest, it can authorize the payment.

Where to find Nevada statutes and court resources

For general rules and to start the process, consult Nevada court self-help resources about guardianship/conservatorship and minor settlements, and review Nevada Revised Statutes (NRS) for guardianship and probate matters:

• Nevada Courts — Self Help Center (search guardianship/conservatorship and minor settlements)
• Nevada Revised Statutes (NRS) — searchable index

How to start — step-by-step checklist

1. Locate the settlement documents and any existing court order that governs the funds.
2. Collect invoices, acceptance letters, or medical statements showing the need and the amount required.
3. Contact the attorney who handled the settlement or the entity holding the funds to learn what approvals are already in place.
4. If no guardian/conservator exists or the settlement requires court action, file a petition in the appropriate Nevada court (often the district court that approved the settlement).
5. Provide evidence and propose a specific distribution plan (pay school or medical provider directly when possible).
6. Attend any court hearing; the court may appoint a guardian ad litem or require additional safeguards before approving distribution.

Other important considerations

• Financial aid impact: Large distributions may affect eligibility for federal student aid (FAFSA). Consult a financial-aid advisor before requesting large lump-sum distributions for college.
• Tax issues: Settlement proceeds for personal injury are often non-taxable for physical injury, but tax consequences can vary depending on the nature of the award (e.g., punitive damages, interest). Talk with a tax professional before spending.
• Special-needs minors: If the child receives public benefits, you may need a special-needs trust or other planning to preserve benefits while using settlement funds for the child’s needs.

Bottom line: Nevada allows early access to a minor’s settlement for education or medical needs, but you must follow court procedures or documented custodial rules. Do not spend settlement funds without court approval when the settlement or account is subject to court supervision.

Helpful Hints — tips to make an early-access request smoother

• Work with the attorney who handled the original settlement — they often file the court petition and supporting documents.
• Request direct payments to the school or medical provider rather than receiving the money personally; courts prefer direct institutional payments.
• Prepare clear documentation: invoices, admissions letters, provider statements, and a short budget showing the funds’ use.
• Expect the court to require an accounting and ongoing supervision if a guardian or conservator is appointed.
• If the settlement is small and not court-blocked, custodial-account rules might allow a custodian to use funds so long as the spending benefits the child — confirm the specific account terms first.
• Consult specialists when needed: a probate/guardianship attorney, tax advisor, and financial-aid counselor for college planning.
• If the child has a disability, explore a special-needs trust so benefits like Medicaid or SSI are not jeopardized.
• Keep receipts and records of every court-approved expenditure — courts commonly require reports and accounting.

Useful links

• Nevada Courts — Self Help Center (guardianship and conservatorship): https://nvcourts.gov/self_help/
• Nevada Revised Statutes (searchable index for guardianship, probate, and other statutes): https://www.leg.state.nv.us/NRS/

Disclaimer: This article provides general information about Nevada law and typical procedures. It is not legal advice and does not create an attorney-client relationship. Laws change and every situation is different. For advice about a specific case, consult a licensed Nevada attorney who handles minor settlements, guardianship, or conservatorship matters.