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As my mothers Florida legal guardian her money has been

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As my mothers Florida...

As my mothers Florida legal guardian her money has been placed in an account at UBS. Their legal department all of a sudden canceled all payments to her memory care facility her health insurance her MasterCard which pays her prescription meds because now their legal dept said after almost a year of paying her bills realized that every payment needs a court order?

Lawyer's Assistant: Have you talked to a FL lawyer about this?

Yes it was set up by my estate attorney. He doesn’t disagree. He screwed up too. This seems ridiculous!! Especially since I never touch the money I just scan and send the paperwork and set up the ACH payments. I am so upset.

Lawyer's Assistant: What steps have you taken so far?

This all happened this afternoon. They want me to sign paperwork to get court orders for her June invoices that they cancelled. I think this is outrageous.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was my daughters guardian I never did this

Submitted: 2 months ago.Category: Legal
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Answered in 17 minutes by:
5/23/2018
Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,833
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 2 months ago

Do you have legal guardianship through a Florida court appointing you guardian?

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Lawyer: Ray, Lawyer replied 2 months ago

A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. After adjudication, the subject of the guardianship is termed a "ward."

Adult guardianship is the process by which the court finds an individual's ability to make decisions so impaired that the court gives the right to make decisions to another person. Guardianship is only warranted when no less restrictive alternative—such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive—is found by the court to be appropriate and available.

Florida law allows both voluntary and involuntary guardianships. A voluntary guardianship may be established for an adult who, though mentally competent, is incapable of managing his or her own estate and who voluntarily petitions for the appointment.

Legislative intent establishes that the least restrictive form of guardianship is desirable

Accordingly, Florida law provides for limited as well as plenary adult guardianship. A limited guardianship is appropriate if the court finds the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property; and if the individual does not have pre-planned, written instructions for all aspects of his or her life. A plenary guardian is a person appointed by the court to exercise all delegable legal rights and powers of the adult ward after the court makes a finding of incapacity. Wards in plenary guardianships are, by definition, unable to care for themselves.

You need to be legally appointed after you make application.You then don't need an order for every transaction you do they would accept letters of guardianship.Your lawyer will have to make application here for you to be legally appointed.

I appreciate the chance to help you , let me know if I covered this or you have more.

If you can positive rate when we are done it is much appreciated.

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Customer reply replied 2 months ago
I have letters of legal guardianship plenary from Florida as my mother is in memory care. Her account is at UBS Resource Management Account for some reason their legal dept is defining the statute 69.031 that they not I determine each payment and that for each payment I require a court order. EVERY MONTH! Now I have secretaries telling me what I can and cannot do! It the same invoices that were ACH payments UBS canceled to her memory care facility, to BOFA for her health insurance, to the private nurse Nursibf services of the Palm Beaches. Because each invoice is a little different they want me to pay them. Which mean I will have to sell stock in my accounts to cover the invoices and then apply every month for a court order and then MAYBE JUST MAYBE SOME JERK AT UBS TELLS ME ITS OK TO BUY DIAPERS AND TOILET PAPER FOR MY 89 year old MOTHER????
Lawyer: Ray, Lawyer replied 2 months ago

Can you get a court order here to close out the account, find another bank.This is ridiculous never heard of such.Move it elsewhere.Tell judge by letter your problem and ask for hearing and order to transfer funds.I then suggest you look elsewhere for another institution here and move the account.

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Lawyer: Ray, Lawyer replied 2 months ago

I hear you if you can close this out and change to another lender or institution that would be best way to deal with this.

If you have a guardian lawyer here you could subpoena the person who told you this to a hearing and let them try to resolve it with the judge.It is ridiculous here I agree..

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Customer reply replied 2 months ago
I agree!!! They are crazy. They have misinterpreted the statute I have the secretary telling me I am asking her to break the law. Which by the way I never did! Nowhere nowhere does it say this at all they are compmisinformed and my attorney at Berger Singerman is writing up Cory orders for them for their okay! I refused them!
Customer reply replied 2 months ago
Court orders
Customer reply replied 2 months ago
I need a good elder care attorney
Lawyer: Ray, Lawyer replied 2 months ago

You want one from here they specialize in elder law

https://www.naela.org/findlawyer

Plug in your city.

Prayers to you here.

Thanks again and thanks for rating 5 stars.

Have a blessed evening.

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Customer reply replied 2 months ago
They are reading the statute (1) the very last sentence word for word. This is the catch
Lawyer: Ray, Lawyer replied 2 months ago

I don't agree with their interpretation , it is not realistic to require this.

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