Legal Question in Wills and Trusts in Arizona

Re: Can a bank dissolve a court blocked account for a minor?

I will respectfully disagree with the two responses filed to your question. I presume that the conservatorship is in Arizona. Your question does not specify that.

A petition must be filed in the court to terminate the conservatorship and for release of funds. A hearing will be set by the court, upon request of the petitioner after the petition is filed. The petition can be filed by the conservator, the child (who may now be an adult) or any interested party (mother). At the hearing the court must be presented with a form of order to sign. The court does not type its own orders. That order will provide that the conservatorship is terminated, the conservator is released from all responsibility, duty and rights, and that the funds be distributed to the child who is now an adult. The hearing must be held after the child has reached 18 years of age. The ward(child, now an adult) must attend the hearing and show his ID. The court may ask questions, such as whether the new adult has any court fines owing, whether there is any support obligation for any children/dependents, (sad, but it is too common) etc.

The bank cannot release the funds without a certified copy of the court order for release of funds. So at the hearing, after the judge has signed the order, a certified copoy of the order has to be purchased ($19.00) to show to the bank. Then, a receipt, on court-approved forms, has to be filed with the court showing that the funds have been received. The bank cannot release the funds just because the minor is now 18. The conservator cannot pay the funds, because they are usually in a restricted account, ie no withdrawls without a cerfitied court order.

The Maricopa County Law Library has cheap kits for sale that have all instructions, forms, etc. needed to terminate a conservatorship. If the funds were created from an accident settlement, and an attorney set up the conservatorship, most attorneys will help get the conservatorship terminated at no charge.

Good luck.

James D. Jenkins

Re: Can a bank dissolve a court blocked account for a minor?

If your ex does not distribute the funds to the child at 18, you can file a petition in court to have him removed. Sometimes there are terms associated with a conservatorship, which may affect how the conservatorship is run. They would be in writing and would have been made by the party or parties creating the conservatorship.

Re: Can a bank dissolve a court blocked account for a minor?

It is the conservator's duty to distribute the money to your son at 18, and then submit a receipt to the court in order for him to be discharged as conservator.