Rule 5.6C - Minor's Estate. Allowances(1) In General. (a) Responsibility of Guardian. Expenditures from income for the benefit of the minor should ordinarily be made by the guardian upon the guardian's own responsibility without application to the Court for approval.(b) Petitions. Permissive. Mandatory. (i) Permissive. The guardian may petition the Court for approval of periodical payments from income needed for the maintenance, support or education of the minor, the minor's spouse or children. (ii) Mandatory. No payments shall be made by the guardian, unless approval by the Court is first obtained, when payment is to be made from principal.(2) Contents of Petition. Allowance for Maintenance, Support or Education. A petition for an allowance from a minor's estate, for the maintenance, support or education of the minor, the minor's spouse or children, shall set forth: (a) the manner of the guardian's appointment and qualification, and the dates thereof; and the terms of the instrument creating the estate;(b) the age and residence of the minor; whether the minor's parents are living; the name of the person with whom the minor resides; and, if married, the name and age of the minor's spouse and children;(c) the value of the minor's estate, real and personal, and the net annual income;(d) the circumstances of the minor, whether employed or attending school; if the minor's mother or father, or other person charged with the duty of supporting the minor, is living, the financial condition and income of such person and why such person is not discharging his or her duty to support the minor; and whether there is adequate provision for the support and education of the minor, or the minor's spouse and children;(e) the date and amount of any previous allowance by the Court, and the name of the Judge who granted it;(f) the financial requirements of the minor and the minor's family unit, in detail, and the circumstances making such allowance necessary; and(g) if the petition is presented by someone other than the guardian, that demand was made upon the guardian to act, and the reason, if any, given by the guardian for the guardian's failure to do so.(3) Contents of Petition. Allowance of Counsel Fee. A petition for the allowance of counsel fee shall set forth the views of the guardian with respect to the reasonableness of the fee and contain sufficient facts to enable the Court to pass judgment on the matter. The following exhibits shall be attached to the petition: (a) a statement of counsel setting forth in detail the nature and extent of the services performed;(b) the joinder of the minor's parents or surviving parent; or, if both parents are deceased; the joinder of the adult person with whom the minor resides, or the superintendent or other official in charge of the institution having custody of the minor, and in all cases of a married minor, of his or her spouse; and(c) the joinder of the minor, if over eighteen (18) years of age.Amended effective 1/6/2018; amended effective 6/1/2019.