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What constitutes misappropriation of funds when someone has…

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What constitutes misappropriation of funds...
What constitutes misappropriation of funds when someone has guardianship over my mother? Does putting mom’s CD’s in the guardians name to keep Rest
Home from getting them, then spends some of the money to pay off our brothers funeral, and then buys his farms at an rock bottom price from his special needs son,. By paying off the funeral debt it leaves the farms debt free for her to purchase them at a unreal price. She bought one for 8000, and has priced it now for 38,000 to a neighbor.
Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
10/3/2017
Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Legal
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Lawyer: legalgems, Lawyer replied 8 months ago

I am sorry to hear this;

A power of attorney and a guardian are both fiduciaries. A fiduciary duty means that the person in the fiduciary capacity owes a duty to the other person- and that the fiduciary must act in good faith, with the best intentions, to preserve any property that is at issue. Failure to act in this manner (essentially, a trust/guardian) is considered a "breach" and can result in:
1. removal of the fiduciary
2. sanctions (ie fines, award of attorney fees, etc)
3. damages (economic liability for the damages suffered by the party to whom the duty was owed)

So essentially anytime a fiduciary uses the funds for their own benefit, or "wastes" the funds (ie mismanagement) an interested party can petition the court for an accounting and then the court will take it from there. Self dealing transactions are also looked at very carefully to ensure that fair market value was received; if not the court can void that transaction to restore the ward to the position she should be in absent wrongdoing by the fiduciary.

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Customer reply replied 8 months ago
Does the guardian have to share any reports regarding my mom with me? I spoke with the rest home regarding would I be called if my mom passed away and was told no, how do I know if moms funds are being used for her without seeing copies of the reports being filed
Lawyer: legalgems, Lawyer replied 8 months ago
A guardian is only required to show if the Court orders it so an interested party can file a request. Also the Guardian is required to file an accounting that the court reviews.If the Guardian is prohibiting contact that person can petition the court for an order allowing contact, but the court may choose to remove the Guardian if it appears they are not acting in their best interest. The court generally prefers contact unless there is valid justification against contact.
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Customer reply replied 8 months ago
Thank you
Lawyer: legalgems, Lawyer replied 8 months ago

You are most welcome

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all information is legal

information only and

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of action. Thank you.

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Lawyer: legalgems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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