Q: How do I go about getting a court order to withdraw money from my daughters restricted account to pay for her braces
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Here are the general steps for requesting a court order to withdraw funds from a restricted minor's account for orthodontic expenses in Pennsylvania:
1. Gather documentation: Collect estimates or invoices from the orthodontist showing the total cost of your daughter's braces treatment. Also, get a current account statement showing the balance in the restricted account.
2. Petition the court: File a petition with the court that has jurisdiction over the restricted account, which is usually the Orphans' Court Division of the Court of Common Pleas in the county where the account is held. In the petition, explain the reason for the withdrawal (i.e., to pay for medically necessary orthodontic treatment).
3. Provide supporting evidence: Include the orthodontist's statement and account documentation with your petition to the court. You may also need to provide evidence that the account was set up to be used for the minor's benefit, especially health and education costs.
4. Attend the hearing: The court will likely schedule a hearing on your petition. Be prepared to answer the judge's questions about the restricted account and the requested withdrawal. The court wants to ensure the funds are used in the minor's best interest.
5. Obtain the court order: If the judge approves your request, they will issue a court order directing the financial institution to release the specified amount from the restricted account. Get a certified copy of this order.
6. Present order to the bank: Take the certified court order to the bank or financial institution holding the restricted account. They will then process the withdrawal and provide the funds to pay the orthodontist.
Consulting with a local estate or guardianship attorney can be helpful to ensure you follow the correct procedures for your county's Orphans' Court and improve your chances of a successful petition. If your daughter has a court-appointed guardian ad litem, they may need to be involved as well. The court's primary concern is protecting the child's interests and assets.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
