Merc. Cnty. Pa. 12.5.6

As amended through November 4, 2016
Rule 12.5.6 - Minor's Estate. Allowances
a.In General. Responsibility of Guardian -- Expenditures from income for the benefit of the minor, and Counsel fees in a nominal amount for routine services, whether payable from principal or income, should ordinarily be made by the guardian upon his own responsibility without application to the Court for approval.
b.Permissive Petition -- 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.
c.Mandatory Petition -- Except as provided in paragraph (a) of this Local Rule, unless approval by the Court is first obtained, no payments shall be made by the guardian when payment is to be made from principal, or when special services have been performed by counsel and the guardian is in doubt as to the reasonableness of the fee.
d.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:
1. the manner of the guardian's appointment and qualification, and the dates thereof; and the terms of the instrument creating the estate;
2. 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;
3. the value of the minor's estate, real and personal, and the net annual income;
4. the circumstances of the minor, whether employed or attending school; if the minor's parents, or the persons charged with the duty of supporting him, are living, the financial condition and income of such persons and why they are not discharging their 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;
5. the date and amount of any provision allowance by the Court, and the name of the Judge who granted it;
6. the financial requirements of the minor and the minor's family unit, in detail, and the circumstances making such allowance necessary; and
7. 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 him/her for his/her failure to do so.
e.Contents of Petition. Allowance of Counsel Fees -- A petition for the allowance of counsel fees shall set forth the views of the guardian with respect to the reasonableness of the fees and contain sufficient facts to enable the Court to pass judgment on the matter. The following exhibits shall be attached to the petition:
1. a statement of counsel setting forth in detail the nature and extent of the services performed by him/her; and
2. 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 the spouse of a married minor.

Merc. Cnty. Pa. 12.5.6

Amended effective 10/1/2004.