Connecticut Guardianship Requirement Challenged After Mother Uses Funds for Tuition
by
Joseph C. Maya on Mar. 31, 2017
Estate Estate Trusts Estate Estate Planning
Summary: Blog post on the guardianship requirement in Connecticut.
To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.
A parent of a minor child may not receive or use any property belonging to the minor in an amount in excess of $10,000, unless the parent is appointed guardian of the minor child's estate, pursuant to Connecticut General Statutes §45a-631(a).
The plaintiff alleged the following facts, which are undisputed. In 2001, plaintiff was pregnant when her husband, Thomas Hynes, was killed in the attack on the World Trade Center. In March 2002, plaintiff gave birth. In June 2004, the 911 Victim's Compensation Fund paid plaintiff $2.42 million, which included $1.15 million for the plaintiff and $1.27 million for her minor child. The Probate Court required that the minor child's funds be placed in a guardianship account. Although the Probate Court appointed plaintiff as the guardian of her minor child's estate, it found that plaintiff possessed a common law duty to support her minor child, provided that she had enough funds, and that funds in the guardianship account should not be used to support the minor child. Allegedly, the minor child was subjected to bullying, and plaintiff transferred the minor child to a Catholic school in Ridgefield. Plaintiff maintained that she possessed discretion as a parent to spend the minor child's funds on behalf of the minor child. Plaintiff moved to dismiss on the basis that the Probate Court lacked jurisdiction, because the minor child no longer resided in the probate district, and because the funds did not constitute property that was subject to the jurisdiction of the Probate Court. The Probate Court denied plaintiff 's motion, and plaintiff appealed.
The award of funds from the 911 Victims' Compensation Fund qualified as "property," and Connecticut law governed the distribution of the money. Except when transfers are made to parents as custodians pursuant to C.G.S. §45a-557 of the Connecticut Uniform Transfers to Minors Act, parents of a minor cannot receive "property" that belongs to the minor, unless the Probate Court appoints them as guardian of the minor's estates. Plaintiff mother's appointment as guardian was not a nullity, as alleged. The guardianship did not terminate or become ineffective if the minor no longer resided in the district. In that event, the guardian could transfer the guardianship to the district in which the minor relocated. The Probate Court possessed subject-matter jurisdiction, and the court dismissed the appeal. The court did not reach the issue of whether the standards that the Probate Court imposed on the use of the minor child's funds were correct. Appeal dismissed.
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Source: J.T.R. Tobin, 911 Fund Recipient's Mom Objects to Legal Guardianship Requirement, Conn. Law Trib., (Nov. 6, 2015), at 22
