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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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i need to know what i can do . Father died and left my sister and brother as executors of

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i need to know what i can do . Father died and left my sister and brother as executors of the estate and power of attorney . My mother is still alive however my brother and sister have a debit card and are paying their own bills with
my mothers account. Also, i found two different bank accounts with 3 different account numbers for each bank, do i have the right to view bank statements ? they were very angry that i looked at them.
Submitted: 1 year ago.
Category: Estate Law
Expert:  John Elder replied 1 year ago.
Welcome! Thank you for your question.

Is your mother mentally competent?

Are the accounts in your mother's name?

Did your mother authorize you to look at the accounts?
Customer: replied 1 year ago.

My mother has dementia she is 86 years old. some of the account s belong in three names, my father account , my mothers account , a trust account in one bank and the same in a credit union, they have safe deposit boxes they purchased. they never tell me anything, mother cannot give permission to view accounts, i kind of fell upon them


 

Expert:  John Elder replied 1 year ago.
Unfortunately, they are correct that if they are the trustee and power of attorney and you are not either of those then you do not have authority to access accounts unless they have your name on them.

With that said, if you have found issues in the accounts like you described them using the money for themselves, etc. then you can move forward to protect your mother by reporting your concerns of financial abuse of your mother to adult protective services in your area or filing a petition with the court to request your mother be adjudicated incompetent and request a guardian and/or conservator be appointed to protect her financial interest.

Here is a link to the adult protective services agency in Utah. http://www.hsdaas.utah.gov/ap_referral.htm

Here is a link to information about appointment of a Guardian/Conservator in Utah. https://www.utcourts.gov/howto/seniors/BasicGuidelines-2007.pdf

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John



John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
John Elder and 2 other Estate Law Specialists are ready to help you

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