Mom is under conservatorship by court order and I am interested in getting a copy of mom's bank statement each month to be more aware. Any advice?
of her ongoing financial status. Should I expect a problem from the conservertor in providng me this request for a copy of her monthly bank account statement ? Thanks, Bougie
You are not the conservator. That person is responsible for the accounts and pretty much anything else. If you suspect fraud you can see an elder law attorney who will arrange court examination of the accounts of your loved one. It is actually not a good thing for POAs , Conservators, Guardians to share account informtation with ANYONE. It is a violation of the rights of the person they are serving.
My friend has guardianship over her father. He is a recovering alsoholic with a lot of emotional issues---she has financial and medical guardianship over him.
She does share, to some extent, information about him with his one remaining sister, but honestly, the sister doesn't care that much.
My friend says being a guardian is just like having another kid to look after. We've never discussed this at any length, it's a depressing and emotional burden for her to bear as she recently went through a nasty divorce and has 4 kids to raise, along with having a father who basically doesn't function.
If the guardian is not a relative or good friend, then I would imagine your chances of getting any information from them is slim. They may actually have signed a document stating that they WON'T share info. IDK.
Not likely. The court made a decision as to who was to be in charge of your mothers affairs. For whatever reasons, it was NOT you.
The only way you are going to be back into the loop would be for you to hire from your own $ an attorney that does guardianship/ conservatorship to represent you at whenever the next before the court review is done and for them to file for you to be the new guardian or Co-guardian.And the judge makes a new decision to allow for this. Could be an annual review, could be every six months, it’s on you to to do the work to find out. All this will be in the documents filed in probate court docket. It will be public record with redaction of health care and some other privacy details.
Normally the court looks to immediate family to be named. If that did not happen, it tends to have a reason that is a bad reflection on the family member or that family member’s spouse or household (like their spouse has a felony record), so they will be toast on ever - ever - being named. Or your credit history is awful so you show inability to realistically do fiduciary duty. I’m not trying to be harsh, it just is the reality of why others get named rather than immediate family.
If it's anything like the county guardianship (in MN) my step-FIL was under, you will not be allowed insight into any of your Mom's information going forward. No financial, no medical info will be shared with you for any reason.
The conservator is now legally responsible for her "financial status", not you.
My guess is you likely will experience a problem having the conservator allow you to have access to that information. The Conservator has complete authority and control, and is under duty to protect mom's privacy.
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She does share, to some extent, information about him with his one remaining sister, but honestly, the sister doesn't care that much.
My friend says being a guardian is just like having another kid to look after. We've never discussed this at any length, it's a depressing and emotional burden for her to bear as she recently went through a nasty divorce and has 4 kids to raise, along with having a father who basically doesn't function.
If the guardian is not a relative or good friend, then I would imagine your chances of getting any information from them is slim. They may actually have signed a document stating that they WON'T share info. IDK.
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The only way you are going to be back into the loop would be for you to hire from your own $ an attorney that does guardianship/ conservatorship to represent you at whenever the next before the court review is done and for them to file for you to be the new guardian or Co-guardian.And the judge makes a new decision to allow for this. Could be an annual review, could be every six months, it’s on you to to do the work to find out. All this will be in the documents filed in probate court docket. It will be public record with redaction of health care and some other privacy details.
Normally the court looks to immediate family to be named. If that did not happen, it tends to have a reason that is a bad reflection on the family member or that family member’s spouse or household (like their spouse has a felony record), so they will be toast on ever - ever - being named. Or your credit history is awful so you show inability to realistically do fiduciary duty. I’m not trying to be harsh, it just is the reality of why others get named rather than immediate family.
The conservator is now legally responsible for her "financial status", not you.