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Court Rule

N14.5.1 Payments During Incapacity

RULE N14.5.1. PAYMENTS DURING INCAPACITY.
 
(a) Presentation of Petition. A petition for authorization to make payments from the incapacitated person's estate during incapacity shall be presented by the guardian or any interested party. The preliminary decree shall fix the time and place for hearing with notice to such persons as the Court may direct.
 
(b) Contents of Petition. The petition shall set forth:
 
(1) the name of the guardian, the date of his appointment, and if the petitioner is not the guardian, his relationship to the incapacitated person, and, if not related, the nature of his interest;

(2) a summary of the inventory and supplemental inventories, the dates they were filed, and the nature and present value of the estate;

(3) a statement of net annual income; the amount of monthly Social Security, Railroad Retirement, Veterans Administration, and other benefits received or receivable by or on behalf of the incapacitated person, together with the name, address, and relationship to the incapacitated person of the person actually receiving such benefits;

(4) the address and the occupation, if any, of the incapacitated person;

(5) the names and addresses of the incapacitated person's dependents, if any;

(6) a statement of all claims of the incapacitated person's creditors known to petitioner;

(7) a statement of the requested distribution, including attorneys fees and costs, and the reasons therefor including an itemization of all actual or estimated expenses for which the allowance is sought; a statement of all previous distributions allowed by the Court; and

(8) a prayer for the distribution requested.
 
(c) Restrictions on Granting Allowances.
 
(1) Requests for allowances will not be approved prior to the filing of the inventory, except in cases of extreme emergency.

(2) If any portion of the incapacitated person's estate is received from the United States Veterans Administration or its successor, notice of the request for allowance shall be given such agency.
 

Adopted December 6, 1995; effective January 22, 1996.
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Created at 1/29/2016 4:21 PM by Vitek Gajewski
Last modified at 1/29/2016 4:21 PM by Vitek Gajewski
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