Personal Injury/Wrongful Death Settlement For A Child I'm the Guardian Of

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Jurisdiction
Colorado
My question involves an injury that occurred in the state of: Colorado

I have permanent guardianship for a child related to me. The mother is deceased. The father still has his parental rights, but was decided to be unfit and permanent guardianship was given to me for this child. The father is not involved and doesn't provide any child support or visitation. Before the child's mother died, the mother was a single mother to this child and had full custody of the child.

If the child is given a settlement for a personal injury case resulting from the mother's death due to lost of maternal support, etc.....my understanding is that the money has to go into a protected account until the child is 21 but I as the guardian can petition to withdrawal money for the child's needs. Can somebody help me understand what I can petition the court for?

*I had to buy a larger vehicle due to not having enough space in my current vehicle with 2 biological children of my own and all 3 requiring 5 point harness car seats that didn't fit safely in one backseat row. I had my current vehicle paid off at the time, and had planned on keeping it for at least another 5-6 years before the addition of the child I'm now a guardian for. Can I petition the court to pay for the full cost of this new vehicle? If not what are my options? The vehicle I owned I paid $20,000 on and this new vehicle cost $27,000 with only $5,000 going toward it as a trade-in.

*My understanding is that the money can be used to enrich this child's life. I was told it could be used to take this child on a vacation, but this child is a minor and obviously can't go on vacation alone. Could the money be used to cover my expenses to go with him? This child now has 2 siblings (because of my 2 biological children). I won't take one child and not the other two, so I guess my question is can this money be used to cover a family vacation?

*Can I request that a set monthly amount be paid to me as an administrator to cover this child's expenses such as day-care/after school care, food, medical, activities/sports, housing, clothing, etc. and then make requests to the court for anything that is above and beyond that expense such as a vacation, a laptop for school work, etc.? Can the money be used on day-care, housing, clothing, etc. since I'm not his biological parent and have taken on all the responsibilities that a parent would take on for the child?

*Will the court likely approve to pay for the attorney/court costs I occurred in order to secure guardianship for this child? What above future costs of terminating the father's parental rights and adoption of this child if he continues to be absent in the child's life?

*If anyone has any website resources they can share with me that explain the things the court will approve to pay for, etc. that would be greatly appreciated.

The child was left with no money from the parent because they didn't have any money or life insurance, so this wrongful death benefit is all the child has. I understand it's all likely up to the court on what they allow to be paid for the child, but I'd appreciate any experience anyone has with this.
 
Unlikely in my opinion. You might be lucky to get a small amount, but I wouldn't expect to get the car paid in full. A cheaper used car would have been more reasonable.
You should have discussed this before buying the car.
 
My question involves an injury that occurred in the state of: Colorado

I have permanent guardianship for a child related to me. The mother is deceased. The father still has his parental rights, but was decided to be unfit and permanent guardianship was given to me for this child. The father is not involved and doesn't provide any child support or visitation. Before the child's mother died, the mother was a single mother to this child and had full custody of the child.

If the child is given a settlement for a personal injury case resulting from the mother's death due to lost of maternal support, etc.....my understanding is that the money has to go into a protected account until the child is 21 but I as the guardian can petition to withdrawal money for the child's needs. Can somebody help me understand what I can petition the court for?

*I had to buy a larger vehicle due to not having enough space in my current vehicle with 2 biological children of my own and all 3 requiring 5 point harness car seats that didn't fit safely in one backseat row. I had my current vehicle paid off at the time, and had planned on keeping it for at least another 5-6 years before the addition of the child I'm now a guardian for. Can I petition the court to pay for the full cost of this new vehicle? If not what are my options? The vehicle I owned I paid $20,000 on and this new vehicle cost $27,000 with only $5,000 going toward it as a trade-in.

*My understanding is that the money can be used to enrich this child's life. I was told it could be used to take this child on a vacation, but this child is a minor and obviously can't go on vacation alone. Could the money be used to cover my expenses to go with him? This child now has 2 siblings (because of my 2 biological children). I won't take one child and not the other two, so I guess my question is can this money be used to cover a family vacation?

*Can I request that a set monthly amount be paid to me as an administrator to cover this child's expenses such as day-care/after school care, food, medical, activities/sports, housing, clothing, etc. and then make requests to the court for anything that is above and beyond that expense such as a vacation, a laptop for school work, etc.? Can the money be used on day-care, housing, clothing, etc. since I'm not his biological parent and have taken on all the responsibilities that a parent would take on for the child?

*Will the court likely approve to pay for the attorney/court costs I occurred in order to secure guardianship for this child? What above future costs of terminating the father's parental rights and adoption of this child if he continues to be absent in the child's life?

*If anyone has any website resources they can share with me that explain the things the court will approve to pay for, etc. that would be greatly appreciated.

The child was left with no money from the parent because they didn't have any money or life insurance, so this wrongful death benefit is all the child has. I understand it's all likely up to the court on what they allow to be paid for the child, but I'd appreciate any experience anyone has with this.


You need to discuss this with your lawyer.
If you no longer have a lawyer, or didn't have a lawyer, hire one.
There are severe penalties for misusing, or simply using the funds you describe illegally.

I litigated a personal injury case for our adult son.
He was divorced with two young daughters.
We had to create a medical needs trust for his portion and two trusts for our granddaughters.

The trusts for his children were overseen by their mother.
The money was held in trust by a bank.
The mother was ONLY able to withdraw funds for the education or medical needs of the minor children, with proof to substantiate the withdrawal request.

Upon graduating from college, the girls were able to use the funds as they chose.

Bottom line, it's very difficult to access those funds legally, as it should be.
 
You can use the Social Security money that the child gets from his mothers death. I wouldn't mess with a trust of a child for nothing. You're playing with fire
 
Has the money been directed to go into an account or trust set up by the court or is that just what was recommended to you?

When you agreed to be the guardian for this child, you agreed to take on the expenses and burden an additional child entails. There is no remuneration for raising a child. While those funds might be used for needs which solely benefit the child, such as the child's counseling, or school tuition, that money was not meant to enrich your economic standing as his guardian. Were the child older using those funds to purchase a vehicle for the child's use in getting to school-sure. Using them to buy yourself a larger vehicle- no. Using those funds to send the child to summer camp or pay for a semester abroad- sure. Taking the whole gang to Disney- no.
 
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