There are certain circumstances under which a minor, defined as a person under the age of 18, may require a guardian. For instance, if they inherit or are awarded money, or if they need alternative arrangements for educational or medical purposes, the court may appoint a guardian.

There are two types of guardianship of a minor:

• Guardianship of the Property. The court may appoint a guardian to protect money awarded to or inherited by a minor.
• Guardianship of the Person. A guardian may be appointed to make educational and medical arrangements for a minor. Guardianship of the person of a minor cannot be added to a party without stripping the initial party of their guardianship. In other words, if the minor already has a guardian, that initial guardian must lose their role as guardian before another individual can be appointed as guardian of that minor. Please note: Guardianship of the person is NOT the same as custody.

Both types of guardianship can be combined into the Guardianship of Person & Property.

Why appoint a guardian of a minor?

The purpose of appointing a guardian of a minor through the Middlesex County Surrogate Court is to:

• Hold and protect funds that a minor receives as a result of a personal injury claim.
• Hold and protect money or property received by a minor who is a beneficiary in a will.
• Hold and protect funds received by a minor as a named beneficiary of a life insurance policy or other death benefit.

How to apply for guardianship of a minor

To be considered for appointment as guardian of a minor’s property, a person must make an application to the Surrogate’s Court. The minor’s parents have the first right to make the application for guardianship. When a “friendly hearing” (called this because there are no attorney arguments during the hearing), guardians should appear in the Surrogate’s Office following the friendly hearing with:

• A signed copy of the order awarding funds
• The minor’s original birth certificate
• The minor’s Social Security card
• The parents’ photo identification
• A credit card or check for the processing fee

When appointed, the guardian will represent the interests of the minor with respect to the minor's property. In lieu of posting a bond, funds received for the minor will be deposited in the Middlesex County Surrogate's Intermingled Trust Fund and held until the minor reaches the age of majority (age 18). When insurance pays out on a claim, the guardian will post bond and be in control of the money. The money in its entirety will be released to the minor upon their reaching majority age of 18 years.

When the minor applies for release of the funds, they must schedule an appointment with the Surrogate and provide the Surrogate’s Court with the following:

• Original birth certificate
• Copy of a photo ID
• Must sign a Verified Complaint for Return of Securities