DECREE
Now,_____ , 20_______ , upon consideration of the annexed Petition, it is hereby decreed that Henry Doe is appointed Guardian of the Estate of John Dunn, a Minor.
In lieu of the entry of security, the Guardian is authorized and directed to invest the funds belonging to the Minor as follows:
The Guardian is further authorized and directed to deposit interest received from the savings certificate or other income belonging to the Minor, if any, in the aforesaid savings account opened under paragraph (2), pursuant to this Decree.
Within thirty (30) days from the date of this Decree, counsel for the Petitioner shall file an Affidavit with the Clerk of Orphans' Court, certifying compliance with this Decree. Copies of the savings account and/or savings certificate, containing the required restrictions, shall be attached as Exhibits to the Affidavit of counsel.
The Guardian is directed to file an Inventory withing ninety (90) days of the date of this Decree, in accordance with the provisions of 20 Pa. C.S.A. § 5142.
The Guardian is not permitted to expend the principal of the minor's estate without permission of this Court, in accordance with the provisions of 20 Pa. C.S.A. § 5164.
Henry Doe, Guardian of the Estate of John Dunn, a Minor, shall not receive any additional funds or property, except on further Order of this Court.
The Guardian shall file a Petition for Discharge pursuant to Phila. O.C. Rule 12.5.C.(3)(b) when John Dunn attains his majority.
J.
PETITION
The Petition of Jane R. Dunn respectfully states that:
Wherefore, Petitioner respectfully requests this Court to appoint Henry Doe as Guardian of the Estate of John Dunn and to authorize him to invest the funds distributable to the minor in a restricted savings certificate and in a restricted savings account, in lieu of the entry of security.
Jane R. Dunn
CONSENT OF MINOR
John Dunn, a Minor over the age of 14 years who resides at 261 Horse Hair Road, Philadelphia, PA 19199, accepts notice of the foregoing Petition and consents to the appointment of Henry Doe as Guardian of his Estate.
Dated:
John Dunn
The Consent of the Guardian to serve should be attached to the Petition, in the same form as it appears in 7.1 above. Philadelphia Rule 12.5.B. See Philadelphia Rule 12.5.3(e) for the authorization of the payment of income taxes from the restricted account without Court approval. See also 20 Pa. C.S.A. § 5113 re consent of minor over 14 years of age.
There are a variety of situations which may prompt the petition for the appointment of a guardian for a minor, and petitions and proposed decrees should be tailored as needed. Based upon the Court's preferences and to remind the Guardian of the applicable statutes and court rules, the following paragraphs should be added to the proposed Decree in appropriate cases:
When guardian is needed to apply for letters of administration when minor is intestate heir:
The said guardian shall not nominate himself/herself to serve as personal representative of the Estate of , Deceased.
When a guardian is needed to handle litigation involving a minor:
The said Guardian shall not enter into any settlement of any claim or cause of action without prior approval of this court. In the event of a settlement of any claim or cause of action, this court reserves the right to remove the guardian and appoint a corporate guardian.
Phila. O.C. Rule 12.5.C.(3) makes the following provisions for termination of the guardianship when the minor attains majority:
When the minor's estate is valued at less than $12,000, payment may be made by the financial institution on the joint application of the guardian and the late minor. The following paragraph is appropriate:
If no withdrawals (other than the payment of income taxes) are made from the investments authorized by this Decree, the depository may pay over the balances on deposit when the Minor attains his majority, upon the joint order of the Guardian and the late Minor, without further Order of this Court.
If the minor's estate is greater than $12,000, or if there have been principal allowances pursuant to Court order, the guardian must file a petition for discharge when the minor attains majority. The petition should have the following attachments:
(1) statement in the nature of an account; and
(2) affidavit of guardian that he has received no additional assets belonging to the minor, and that all claims known to the guardian have been paid.