Accessing a Minor’s Settlement Money in Kentucky — FAQ
This article explains how parents or guardians in Kentucky can seek to use a child’s settlement money before the child reaches majority for things like college or medical expenses. It summarizes typical court procedures, practical options, and steps to take.
Short answer
Yes — sometimes. In Kentucky, a court usually must supervise or approve how a minor’s settlement (money recovered on behalf of a child) is held and spent. A parent, guardian, or conservator can ask the court for permission to use part of the funds early for the child’s benefit (for example, education or necessary medical care). The judge decides based on what is in the child’s best interests and the specific legal vehicle holding the money.
Detailed answer — how it works in Kentucky
When a settlement is paid on behalf of a minor in Kentucky (for personal injury, a wrongful death claim involving a minor’s share, or other claims), the money cannot simply be spent freely. Courts generally require safeguards so the funds are preserved for the minor’s benefit until they are old enough or until the court allows distribution.
Common legal arrangements and how they affect access:
- Court-approved lump-sum award with a guardian/conservator (guardian of the estate): If a judge awards money to a minor and places a parent or other adult in charge of the minor’s estate (sometimes called a conservator or guardian of the estate), that guardian must manage the funds for the child’s benefit. To use funds for college or medical expenses before age 18, the guardian usually must get the court’s approval first.
- Blocked or restricted bank account: Sometimes courts order settlement proceeds placed in a blocked account (a bank account that cannot be withdrawn from without court permission). The account custodian will require a court order to release funds for specific uses like tuition or surgery.
- Structured settlement (annuity): Payments are scheduled over time. Minor’s payments are typically paid to a guardian or to a trustee. Some structured settlements include provisions allowing advance or lump-sum payments under limited circumstances, but these usually require court approval or the consent of the annuity issuer and often a judge.
- Trust set up for the child: If the settlement creates a trust, the trust terms control distributions. A trustee may have the power to pay for education or medical expenses without extra court approval if the trust document grants that authority. If not, the trustee can petition the court for instructions.
How courts evaluate requests for early distribution:
- Is the requested use for the child’s benefit? (education, necessary medical care, therapy, adaptive equipment, etc.)
- Will granting the request leave sufficient funds for the child’s foreseeable future needs?
- Are there less intrusive alternatives (insurance, scholarships, financial aid, payment plans)?
- Is the guardian or fiduciary acting responsibly and documenting expenses?
Because Kentucky courts supervise distributions for minors to protect the child, expect the court to require detailed documentation (invoices, cost estimates, evidence of need) and to limit how much can be distributed.
For general information about Kentucky law and court procedures related to guardianship and conservatorship, you can search the Kentucky Revised Statutes or visit the Kentucky Court of Justice website:
- Kentucky Revised Statutes (searchable): https://apps.legislature.ky.gov/law/statutes/
- Kentucky Court of Justice: https://www.kycourts.gov
Note: Kentucky’s statutes and local rules set procedure and terminology; a local probate or family court handles minor settlements and guardianship matters.
Typical steps to get court permission to use settlement funds early
- Identify who controls the funds (guardian of the estate, trustee, blocked account holder, insurance/annuity company).
- Gather documentation: settlement papers, court orders, account statements, invoices/estimates for tuition or medical care, proof the expense benefits the child.
- File a petition or motion in the court that approved the settlement (usually the same court that handled the minor’s claim or the probate/family court overseeing the guardianship).
- Provide notice to interested parties (the child’s other parent, any co-guardians, and sometimes the child’s attorney or guardian ad litem) as required by court rules.
- Attend a hearing. The judge will review the petition, evidence, and any objections before deciding.
- If the court approves, obtain a written court order authorizing the specific disbursement and present it to the bank/trustee/annuity company to release funds.
Expect the court to require a careful accounting of how funds are spent and possibly periodic reporting to the court.
Hypothetical examples
Example A — Medical expense: A child needs an out-of-network surgery costing $25,000. The guardian files a petition showing estimates, doctor recommendations, and insurance denials. The court may authorize a specific payment from the minor’s settlement for the surgery if it finds the expense reasonable and in the child’s best interest.
Example B — College costs: A guardian wants to pay for a private college tuition of $40,000 per year from the child’s settlement. The court will weigh how much of the settlement remains, the child’s other needs, and alternatives (grants, loans). The judge might approve a contribution for education expenses but limit the amount or require funds be paid directly to the college under conditions.
Alternatives to asking the court for an early distribution
- Ask that the settlement or court order provide ongoing educational or medical expense coverage (for example, payments directly to a service provider).
- Set up a trust with a trustee authorized to pay education or medical costs without future court approval (if the settlement is still being negotiated, this can be part of the settlement terms).
- Explore private financial aid, scholarships, or payment plans for school and check other public benefits or insurance for medical needs to reduce the amount needed from the settlement.
Practical considerations, timeline, and likely costs
- Timeline: Filing a petition and getting a hearing can take weeks to months depending on the court’s schedule.
- Cost: Expect filing fees, possible publication or notice costs, and attorney’s fees if you hire counsel. If the court requires a guardian ad litem or accountant, those fees may be charged to the estate.
- Documentation matters: The stronger your evidence that the expense benefits the child and is reasonable, the more likely the court will approve the request.
- Conservators/guardians have fiduciary duties; courts scrutinize requests to protect the child’s long-term interest.
How to find help
- Talk with the attorney who handled the original settlement — they often help prepare the petition or recommend local probate counsel.
- If you cannot afford an attorney, contact Kentucky legal aid organizations or the court clerk to ask about self-help resources; the Kentucky Court of Justice website has links and forms that can help you get started: https://www.kycourts.gov.
- Look for a lawyer who handles probate, guardianship/conservatorship, or personal injury settlements for minors.
Helpful hints
- Start early — school or medical deadlines can make the process feel urgent, but the court needs time to review and decide.
- Keep careful records of every penny spent from the settlement; courts require accounting and may review past expenditures when deciding future distributions.
- If you expect ongoing education costs, propose a payment plan or a limited-purpose trust to the court rather than repeated emergency petitions.
- Be prepared to show why other sources (insurance, scholarships, government benefits) are not sufficient.
- Get the court’s permission before spending: unauthorized withdrawals can lead to legal liability for the guardian or account holder.