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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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IM a guardian on my mentally challenge son He recently

Customer Question

IM a guardian on my mentally challenge son He recently receive $278,000 for a accident when he was invalent I stop working to take care of him for about 2 years I borrow money from family members, my home when on forclosure for lack of income I when on bankropsy.my lawyer drop her services for (me) not following legal instruction I have $200,000 in a bank account being invested I cant touch that money for 5 years. with the $78,000 I purchase for my son a car $40,000 I purchase furniture for the house he lives with me. I bough him clothes, shoes jollury, when on vacation for two weeks,paid the money that i borrou and bough gift for the kids cousens and nefious I have to see the judge in 3 weeks and explain the expenses.Im nerves I dont know what to expect.
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
The phone number I gave you is my home phone I do not have a cell phone or teck mensages. I will check for your answer tomorrow on my email. thank you ana
Expert:  CalAttorney2 replied 7 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

I am very sorry to learn of this situation (your child's disability and your financial struggles surrounding it).

Unfortunately, your failure to listen to your attorney's instruction, and your spending on your child's funds are not going to be very helpful to you and the upcoming hearing is probably not going to be very pleasant.

The court is going to want to know why you spent the money that came from the personal injury settlement (funds that are designed to ensure your child is positioned in as close to a financially secure place as possible), were used for things such as a very expensive vehicle, a long vacation, purchasing gifts, etc.

Your financial hardships cannot be compensated by your child's financial award (so the child's award cannot be used to pay off your debts, or otherwise cover your expenses).

You can defend these purchases if they were for example: a wheelchair van (an expensive vehicle, but required for transporting a wheelchair bound conservatee); vacation expenses - but only if you paid for only his vacation expenses and kept your own (or whoever else went) separately and paid for them as such - his funds should not be used to pay for others to go on vacation; gifts are not a legitimate use of these funds.

I cannot tell you what the outcome of this hearing will be - I am not sure what exactly led to your dispute with your prior attorney that led to them dissolving the attorney/client relationship or if this was ever brought to the court's attention/notice; prior instances of misuse of the conservatee's funds are certainly going to be an issue.

Expert:  CalAttorney2 replied 7 months ago.

You can find information on expenses and accounting requirements in Florida here: http://www.flcourts18.org/PDF/gurardianship_rev1-07.pdf