Superior Court >Law Library Resource Center >Glossary

Order About and for the Use of Restricted Funds Often when a Conservatorship is ordered, the judge will specifically state what property or assets are restricted. Restricted means the Conservator cannot touch these assets without further order of the court. Sometimes a Conservator needs to ask the judge for permission to do something different than what is already allowed with restricted money.

If the judge has ordered you to place funds in a restricted account, you must immediately file with the court a completed "Proof of Restricted Account" form from the bank or financial institution. The Proof of Restricted Account shows the judge that you have deposited the money in an account which the bank has restricted in accordance with the judge's order.

If the Court order restricts the sale of real property, the order for the restriction must be recorded with the county recorder's office in each county in which the estate holds real property. This means no one can sell the property without another order of the court.

If access to the restricted account is necessary, the Conservator may ask the court to release some of the restricted funds. When the parents remain legally responsible for a minor's care and welfare, the judge may be reluctant to release funds from the account for things considered normal parental obligations such as food, clothing, housing, utilities, education, entertainment or recreation expenses.

A petition for release of funds from a restricted account will NOT be automatically granted. The Conservator must prove why the release and spending of the money is necessary. If the release of funds is granted, the Conservator must file proof with the court that the money has been spent in the way authorized by the judge. The Conservator should keep appropriate receipts showing payment of the funds for items approved by the judge.

The release of restricted assets to the Conservator may require an adjustment in the amount of the Conservator's bond.

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