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Question

My mother had a stroke in August 2007 rendering her incompetent and incapable of caring on any business transactions. I do not have power of attorney nor guardianship. Her funds are from social security, pension and interest. Since that time, I have been paying her bills for her by mycheck free to have her funds debited from her account to pay her bills. Is this against the law? Secondly, my sister has a co-checking account with my mother and pay mom's medicine and care with the checks showing both her name and mom's name. We also deposit funds into her account. Are we doing anything against the law. If so, what can we do now, that mom is not of sound mine. What could happen if we apply for guardianship now?

Submitted: 372 days and 16 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
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Richmond, United States

Already Tried:
We have spoken with a Lawyer which indicated that most of mom's funds would be used for Lawyer fees. So we take care of mom's care and affairs without Guardianship.

Posted by dklawyer 372 days and 15 hours ago.

Answer

Hello XXXXXXXX,

 

I think you aren't doing anything illegal, but I do think a guardianship/conservatorship is the best way to go. This will allow you legally to get medical help for your mom, and to make sure that no "outsiders" question what you and your sister are doing.

 

I have provided a link to the Virginia department for aging telling all about Guardianships and helpful information. I do not agree that the money would go to lawyer fees. One simple set of documents is all you need, but you may be able to get free help. Check this website:

 

Guardianship and Conservatorship

Good luck.

372 days and 15 hours ago.

Reply

I was told by a Lawyer that what I am doing is illegal, I want to know if in fact this is true. All of mom's funds are being used for her benifit.

372 days and 15 hours ago.

Reply

All of mom's funds are being used for her benefit. Is it legal if part of the funds withdrawn from her account involves social security payments, even though it is being used for her affairs?

Accepted Answer

Hello again,

 

If your sister has a joint account with your mother, then all of the funds are at your sister's disposal and can be given to you for your mother's benefit, or bills to be paid. Nothing you told me seems to be at all illegal. But, as I said, I think a better way to do things would be to get a guardianship/conservatorship.

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Expert: dklawyer
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/15/2008

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