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Can I go to jail for using money in a trust when I am paying it back?

Salt Lake City, UT |

My mother has a guardian. My name was on her bank accounts and i used the funds. I am paying it back, but it is a large amount. Should I get an attorney?

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Attorney answers 5




Yes, you should.


I agree that you should probably at least consult with an attorney on this. You do not give us much information, here. If your name was on the bank accounts, unless that was done improperly, then you would appear to have as much legal access to the accounts as your mother. In the absence of some elder abuse statute that would alter your rights to joint property, I do not know how you could be charged criminally. Given the few facts provided, however, and the potential seriousness of the situation, you need to sit down with a lawyer to discuss this further.

James Frederick

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Yes, you should talk to an attorney. It will look better if you are pro-active on this matter. If you are paying the money back, then you might want to consider getting some sort of agreement with the trustee about when and how you are paying it back. Perhaps a promissory note with payment terms. Best of luck on this matter.


Yes-you should have an attorney.
The fact that your name was on the account
may be helpful if any part of the account could be considered a gift
and the account had not been transferred to an guardianship account.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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