Westmoreland Cnty. C.P. Orphans' Rules RULE WO 5.6

A petition to invade principal assets shall be presented to the court in all situations where the guardian intends to invade the principal assets of a minor. Such petition to invade principal assets shall contain, at minimum, the following averments of fact:

(a) name, age and residence of the minor and the person with whom the minor resides;

(b) a reference to the original date of the guardian’s appointment;

(c) whether the guardian is bonded and, if so, for what amount;

(d) names and residences of the living parents and their incomes, and whether their incomes are sufficient to support the minor properly;

(e) an itemized listing of the assets of the minor;

(f) an itemized listing of the income of the minor;

(g) whether there are other funds (e.g., current beneficiary of a trust or estate)

available for the care, maintenance, education or funeral expenses of the minor or

other persons for whom an invasion of principal is requested;

(h) a listing of the names and addresses of all creditors, and the amount due each;

(i) the purpose for the proposed invasion of principal;

(j) whether any prior petitions to invade principal assets have been presented;

(k) that the next-of-kin of the minor have been notified of the presentation of the petition for allowance, if directed by the court; and

(l) the maximum amount estimated to be needed per month or per year, and the time period during which such invasion will be necessary.

CROSS-REFEReNCES: See 20 Pa.C.S. § 5164, which permits the expenditure of income for the care, maintenance and education of a minor without the necessity of court approval, but which requires court authorization for the expenditure of principal.

EXPLANATORY COMMENTS: Under 20 Pa.C.S. § 5164, court approval is required to use income for anyone other than the minor. In such cases, a petition in essentially the same form as provided by this rule should be filed.

Adopted February 1, 1996, effective May 1, 1996. Rule WO503 renumbered April 6,2017, effective May 29,2017.