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?
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.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
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.
Estate Planning Attorney
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.