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This entry was published on 2014-09-22
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Administration of infant's property 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17
§ 1713. Administration of infant's property

1. Upon the petition of the guardian or of the infant or of any person
in his behalf, the court, upon notice to such persons, if any, it deems
proper, may by order direct the application by the guardian of the
infant's property to

(a) the support and education of the infant;

(b) the cost of the funeral of a parent of the infant;

(c) the cost of the funeral of any other person who had no other
assets available for funeral expenses and who had named the infant as
beneficiary of a policy of insurance upon his life or as beneficiary or
donee of any other property, to the extent that the guardian shall have
collected such proceeds or property.

2. In all cases the court may determine the amount of expenditure of
the infant's funds that is reasonable, proper and just under the
circumstances, taking into consideration the liability, if any, of any
other person to pay such expenses, his financial ability to pay and all
other relevant facts. The payment may be made from income or principal.
No payment for the funeral expense of any person shall be authorized
unless the court finds that the estate of such person is insufficient to
pay it.

3. Notwithstanding the provisions of subdivision 1 a guardian is
authorized to apply social security payments received for the benefit of
the infant to his education and support without order of the court.

4. Any infant over 14 years of age or any person in behalf of any
infant may petition the court having jurisdiction over the infant's
estate for the appointment of a guardian ad litem to initiate in behalf
of the infant a proceeding for the protection of the infant's financial
or other interests and in such proceeding authorize the guardian ad
litem to take such action as the court deems proper. The court may
entertain the petition if in its judgment the interests of the guardian
of the infant are adverse to those of the infant or if in its opinion
other valid reasons exist for the initiation of such a proceeding by
another than his guardian. It may in similar case appoint a guardian ad
litem for such purpose whenever facts have come to its attention showing
the necessity for protecting the interests of the infant.