Short answer

Yes — sometimes you can use a minor’s settlement money for college or medical expenses before the child reaches the age of majority, but it depends on how the settlement funds are held and on court approval. Florida law offers several legal vehicles (custodial accounts under the Florida Uniform Transfers to Minors Act, trusts, guardianships, or structured settlement annuities) and each has rules about who controls the money and when it becomes the minor’s property. When funds originate from a lawsuit, courts commonly must approve the arrangement before any early distributions are made.

Detailed answer — ways to access funds early and how Florida law treats each option

1. Custodial accounts (Florida UTMA)

Under the Florida Uniform Transfers to Minors Act (UTMA), a donor can transfer money or property to a custodian for the benefit of a minor. A custodian may spend custodial property for the minor’s benefit, which typically includes education and medical expenses. The UTMA sets the rules for custody, use, and termination of the custodial relationship. See Florida’s UTMA: Chapter 710, Florida Statutes.

Key points:

The custodian has a fiduciary duty to use the funds for the minor’s benefit.
By default, custody under UTMA generally ends when the minor reaches the age set by the statute (states vary; Florida’s UTMA contains the applicable termination rules in Chapter 710).
If the settlement itself is placed into an UTMA account, the custodian may be able to pay college or medical bills before the minor reaches majority — but the exact authority depends on the transfer instrument and court approval if the money came from litigation.

2. Trusts (testamentary or inter vivos trusts)

A trust gives far more control. A parent or court can create a trust for the child that allows the trustee to distribute funds for education, medical care, or other needs at the trustee’s discretion (or according to terms set by the grantor). Florida’s Trust Code governs creation and administration of trusts. See: Chapter 736, Florida Statutes (Trust Code).

Key points:

Trusts can delay full distribution until an age older than 18 (commonly 21, 25, or later), or permit payments for education before final distribution.
Trusts are more flexible but cost more to set up and administer than custodial accounts.

3. Guardianship of the property (court-supervised)

If a lawsuit produces a settlement for a minor, Florida courts often require court supervision or approval to ensure the minor’s interests are protected. A guardian of the property may be appointed to manage the settlement funds. Florida’s guardianship statutes explain appointment, duties, and reporting requirements. See: Chapter 744, Florida Statutes (Guardianship).

Key points:

A guardian of the property manages funds subject to court oversight and must seek court approval for significant transactions or distributions.
The guardian can petition the court to pay for the minor’s college or medical expenses if the court finds the disbursement is in the minor’s best interest.
Court-supervised guardianships protect the child but can involve filing fees, court costs, and periodic accountings.

4. Structured settlements and annuities

Part or all of a settlement can be converted into a structured settlement (periodic payments via annuity). The structure can include scheduled payments timed for college years or include lump-sum options at particular ages. Courts evaluate and approve structured settlement arrangements when required to protect minors.

5. Special needs considerations

If the child receives government benefits (e.g., Medicaid), a special needs trust or court-approved settlement structure may be necessary to preserve benefits while providing funds for supplemental care. Special needs planning usually requires precise trust language and careful administration.

How to get early access in practice (typical steps)

Identify how the settlement funds are held (custodial account, trust, guardianship account, annuity, etc.).
If funds came from litigation, review the settlement documents and any court order approving the settlement. Many settlements require the court to approve distributions for a minor’s benefit.
If a guardian of property or a custodian already exists, file a petition in the probate/county court asking for permission to pay specific college or medical bills out of the funds. Provide evidence (invoices, school costs, medical necessity).
The court will consider whether the requested distribution is in the minor’s best interest, may appoint a guardian ad litem to represent the child’s interests, and may hold a hearing before ruling.
If no custodian/guardian exists, a parent or other adult may need to ask the court to appoint a guardian of the property, or to approve placing funds into an appropriate vehicle (UTMA, trust, structured settlement) that authorizes early distributions for education or healthcare.

Common hypothetical

Example: A 16‑year‑old receives a $120,000 settlement after an accident. The court approves the settlement and orders the funds be placed under a guardian of property. The parents petition the probate court to pay $24,000 toward the child’s upcoming college tuition. The guardian files supporting documentation. The court evaluates whether the payment serves the minor’s best interest and may approve the request, allowing the guardian or custodian to pay the college directly from the settlement funds.

Practical considerations and risks

Any early distribution from court‑supervised funds usually requires a court order. Taking money without approval risks legal penalties and repayment obligations.
Administrative and court costs: Guardianships and trust administration add expense. Weigh those costs against immediate needs.
Public benefits impact: Distributions can affect eligibility for needs‑based public benefits; use special needs planning if necessary.
Taxes: Investment income or interest earned by the funds can have tax consequences. Keep records and consult a tax professional.

Helpful Hints

Before spending any settlement money, confirm who legally controls the funds and whether a court order is required.
Save invoices, medical records, and college cost estimates to support a petition for distribution to the court or guardian.
Consider placing funds into a trust if you want targeted distributions (education/medical) and to delay giving full control until an older age.
If the child receives Medicaid or other benefits, consult someone familiar with benefits and special needs trusts to avoid disqualification.
Ask the court about using structured settlements or annuities to provide predictable payments for college years.
Costs matter: compare the expense of guardianship or establishing a trust against the benefit of early access.
When in doubt, request a court hearing. Judges are accustomed to approving reasonable payments for education or medical needs when the record supports them.

Where to look in Florida law

Key statutory chapters that commonly apply in these situations include:

Florida Uniform Transfers to Minors Act (UTMA): Chapter 710, Florida Statutes
Florida Trust Code: Chapter 736, Florida Statutes
Florida Guardianship law: Chapter 744, Florida Statutes

Next steps

Collect the settlement documents, account statements, and any invoices you want paid. If a court supervised the settlement, contact the clerk of the probate court listed in the settlement order to learn the local practice for petitions. Because the legal structure and consequences differ by situation, consider discussing your facts with an attorney experienced in probate/guardianship or trusts to draft the petition and represent the request to the court.

Disclaimer: This article explains general principles of Florida law and is for informational purposes only. It does not constitute legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed attorney in Florida.