PA · rules
Philadelphia Cnty. C.P. CP-Orphans' Division 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.
Provenance
- Source
- courts.phila.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
48216d45f305a17ccd41c01a467ebf7ec825e23e676e81977df162e225c52484
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