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ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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Before my mother got alzheimers, she set up a bank acct in

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Before my mother got alzheimers, she set up a bank acct in her name, my name and my sisters. Now a state appointed guardianship has taken control of all of her accts including this one. I thought that they would have to have my sisters and my approval for this. Since my mom set this account up for my sister and myself, we feel that the guardianship is taking money that mom intended for us. Can they do this?
Submitted: 5 years ago.
Category: Family Law
Expert:  ANDREA, replied 5 years ago.

If someone filed a report because they thought your mother could not take care of her financial affairs because of diminished mental capacity, the Court may have filed a Petition for Guardianship or a Petition for Conservatorship. However, your mother had to appear in Court and would have had to undergo an independent psychological or psychiatric exam and medical exam by doctors appointed by the Court.


But even so, the Guardian appointed by the Court would have no right to touch money in accounts that had other names on it besides that of your mother.


You must file a "Petition to Set Aside Guardianship" with the Court that appointed the Guardian and in the Petition, you would set forth your reasons. Your sister should join in this Petition also since her name is XXXXX XXXXX account,

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