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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90166
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mother has taken all of the money out of my trust fund,

Customer Question

My mother has taken all of the money out of my trust fund, around $50,000. I urged for my father to be a co guardian of it, just so she couldnt do something like this which i knew she would. She had me declared gravely disabled or mentally incompetent or something so she could take over my money. a few years later she has emptied the account completely. Ive asked my father why or where it went or will he help me get a lawyer, he said no and when i ask where the money is he just keeps saying its gone its gone. They have stranded me in florida with no money and threats to call the police on me if i ask anyone for help, ive asked for access to my account for food and shelter while i talk to a counselor, therapist, and probably a lawyer. they have denied me access to anything and have left me stranded.
what do i do?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If she has improperly taken money from your trust and it was not for your needs or use, then this is actually a felony theft and she can be arrested and prosecuted for this as well as be sued for the return of the money. The first step, since you cannot find a lawyer or afford an attorney, is you must contact Adult Protective Services in the state where your mom is located (if she is in Colorado as your question seems to indicate then that is where you must pursue this). Here is the link to Adult Protection Services in Colorado: http://www.colorado.gov/cs/Satellite/CDHS-SelfSuff/CBON/1251582068463

Once APS conducts their investigation, if they find wrong doing they will pursue her for recovery of your money in addition to criminal charges against her for you.

As you do not have the resources to hire an attorney in Colorado, this is your legal recourse.

If you could hire an attorney in Colorado, then you could sue her directly for theft and mismanagement of the trust and breach of fiduciary duty as trustee and seek to recover your money from her and her property.

These are your legal recourses available to you and you really should contact APS immediately for assistance.




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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90166
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

My mother currently lives somewhere in australia. When i was younger she moved to australia and sent me to numberous boarding schools throughout high school.


As i was living in colorado, after 2-3 years, she came back unnanounced to the state of colorado and got a judge to court order me in a mental hospital, she basically just listed 20+ psychological symptoms and convinced some shitty judge to lock me up.


The trust fund court hearings, which i was told not to be a part of, took place in colorado. I dont know what that means but, she does not live in colorado she lives in australia. Do i still contact the colorado adult help line?


Im sorry if there is unneccessary information in this reply, im just trying to get as much information as i can think of out there.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for providing that additional information, it was extremely important.

Based on her being out of town, it will be difficult for them to get at her and they would have to put out an arrest warrant for her. However, if the trust and everything was created in Colorado, then you still would have to start in Colorado.

As far as suing her though, I am afraid that in order to get any personal jurisdiction over her, unless Colorado is able to pursue criminal charges against her and get her extradited from Australia to Colorado, you would have to bring civil suit in Australia and this is going to be very hard for you without finding an attorney in Australia willing to assist.

You do have a very complex issue because it is now international, but you would start in Colorado if that is where the trust process and the guardianship started.
Customer: replied 1 year ago.

i contacted the people on the website you gave me by phone, they told me to call the attorney general, i did that and they said the attorney general only handles private cases or something and that they were not the people to call.


what do i tell these people specifically besides my mother took money out of my guardianed trust fund.


the attorney general said to call the police, should i dial 911 or find a number for the denver police departement?

Expert:  Law Educator, Esq. replied 1 year ago.
Adult Protection is supposed to handle financial abuse claims of the elderly and disabled. The attorney general only handles cases involving the state. Someone at APS has given you the run around.

You need to report this to APS as you are considered disabled by the state of Colorado and you are being financially abused by your trustee who has taken money from the trust that was supposed to be for your care.

Denver PD won't know what to do with this. The Denver District Attorney would ultimately handle the criminal case, but they generally get their criminal cases through Adult Protection. Those are all of the agencies who would be involved, so if you get the run around from APS again, call the Denver DA and explain that you are a disabled person and someone has illegally removed funds from your accounts that were supposed to be for your care and used them for their personal needs instead of your care.
Customer: replied 1 year ago.

i called the DA they told me to call the economics divison of fraud or something, and i got an answering machine. i left my number at the hotel im staying in hopefully theyll call me back shortly


i tried calling the dependent adult abuse services in florida, but they said since i wasnt a resident of florida they couldnt help me and directed me to a 211 counseling number or the sheriffs office. i will not have access to a phone within the next couple of days, should i try to contact colorado services.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and update.

FL would not entertain this, which is why I said Colorado. You need to wait on the economic fraud division to call you back and you need to explain about you being disabled and your money held in trust being illegally taken from your account and not used for your care.
Customer: replied 1 year ago.

thank you for being very helpful, i have one more follow up question. in my next accusation do i have a case for a private attorney or should i send this to the DA as well, or does it just make me seem crazy.



To get me convicted of being graveley disabled and unable to take care ofd myself, she had been talking to this psychiatrist for weeks possibly even months attempting to convince him i was mentally ill. This 'doctor' had 'diagnosed' me before even having had met me. The court documents and recorded statements will show that the accussations contradicted many statments made by the accusers.

I do believe, as crazy as this sounds, my mother may have contacted a defense lawyer to defend me and entrap me as much as possible, taking away my right to a fair trial in the first place. This lawyer, Wendy Lewis, was not as is not a mental health defense lawyer, no one had ever heard of her and there was no way she could have found out about my case otherwise unless she knew me or of me from the community/city i was in, in colorado, at the time. this lawyer was very suspicious, refused to talk to me for more than 2 minutes before the trial to get information or a case together. She would wave her hand encouragingly if i said anything incriminating while on the witness stand.

My mother has been taking me to therapists etc since i was 5 years old, talking to them for 3 weeks or more before having me see them in person, convincing them to accuse me of being bad or whatever she had in mind. I have been 'diagnosed' with probably over 20-30 symptoms over the years, a new one after one is 'resolved' or proven incorrect. i believe this is child abuse.

as this was a traumatic experience being locked in a room for months at a time, then basically house arrest for a year afterwards, this is all becoming clear to me now.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

This would be something that is a civil matter and you would have to sue for malpractice if the evidence points to the fact the attorney appointed to represent you, your mom and the doctor were all working together to deprive you of your freedom and have you declared incompetent.

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