Can a 17 year old wrest control from his legal guardian of an annuity based on his fathers death?

[John sanders]

Speaking of my 17 year old nephew whose father was killed 17 years ago in an auto accident. His mother turned to drugs so his grandmother was named his legal guardian. She has been receiving an insurance settlement check every month. This money is intended to be used for the car of the 17 year old. But, he says, his grandmother uses the money for her own purposes and he sees none of it. He asked me if there is anyway he can have the settlement checks sent straight to him now that he’s grown up. I don’t know, thus my inquiry here,

Thanks.

 

[Newby]

Speaking of my 17 year old nephew whose father was killed 17 years ago in an auto accident. His mother turned to drugs so his grandmother was named his legal guardian. She has been receiving an insurance settlement check every month. This money is intended to be used for the car of the 17 year old. But, he says, his grandmother uses the money for her own purposes and he sees none of it. He asked me if there is anyway he can have the settlement checks sent straight to him now that he’s grown up. I don’t know, thus my inquiry here,

Thanks.

I'm no lawyer but I do know that until your 18th birthday you are legally incompetent. They might be able to have a different legal guardian to be responsible for them. If Grandma is actually abusing the position. But she probably isn't. He's probably a normal 17 year old and just wants to do dumb stuff with the money.

 

[John sanders]

Thank you for your response. I appreciate it. You are probably right.

 

[Allen Trent]

Speaking of my 17 year old nephew whose father was killed 17 years ago in an auto accident. His mother turned to drugs so his grandmother was named his legal guardian. She has been receiving an insurance settlement check every month. This money is intended to be used for the car of the 17 year old. But, he says, his grandmother uses the money for her own purposes and he sees none of it. He asked me if there is anyway he can have the settlement checks sent straight to him now that he’s grown up. I don’t know, thus my inquiry here,

Thanks.

As a guardian, the grandmother likely has to report to the courts each year an accounting of the money that came in, where it is invested/saved & what it was spent for. the court is the one actually in control, the grandmother is merely the person appointed by the court to handle the matter.

There might also be an aspect of this that isn't just the structured annuity settlement from a lawsuit, but also some Social Security checks involved.

He is likely old enough to ask some questions about his case with the probate court overseeing the minors case. But, he likely might be thinking all the money was supposed to be stockpiled for him when he turns 18 rather than some/all being used for the cost to care/raise him