If my sister is trying to get conservatorship over my mother who is elderly and is currently using my mothers bank account for

Asked over 3 years ago - Southgate, MI

her personal use; how can I obtain bank statements to show a judge of this mis-use of funds?

Attorney answers (4)

  1. Geraldine Anne Brown

    Contributor Level 14

    Answered . You can attend the hearing for the appointment as conservator. You should have been notified as an interested party, but if not, you can call the court. If the judge has appointed an attorney for your mother to represent her interests or a guardian ad litem to report its findings to the court, you should contact him/her to let them know that there are objections or at least some questions.
    Since your sister already has access to your mother's accounts, i assume that she either has a Power of Attorney or is a joint owner on that account.
    This is general information not intended as legal advice. no attorney-client relationship has been established. Geraldine Anne Brown is licensed in Michigan and practices Estate planning, probate and Elder law.

  2. James P. Frederick

    Contributor Level 20

    Answered . I would agree with Attorney Brown's response. You need to attend the hearing on the conservatorship to make sure the judge is aware of what is going on. You should also contact the Guardian ad litem, to make sure that your concerns are heard.

    The facts of the situation largely dictate what the judge decides. If the accounts are joint and your sister has contributed some of the funds, or if your sister has your mother living in her home, or there is some other unknown reason for your sister to access the funds for your mother's benefit, the court is probably not going to do anything about it.

    On the other hand, if your sister is acting under a Power of Attorney form and is taking funds from your mother's account and putting them into her own account, for example, that would be the kind of the thing a judge would find troubling.

    Best of luck to you!

    James Frederick

  3. Carol A. Morris

    Contributor Level 11

    Answered . I agree with the attorney answers and believe the user Elaine is attempting to scare you for some reason. Assuming your mother is also in Wayne County you can look the case up online at wcpc.us the court has public access of the case which will show when it was filed, who the Guardian Ad Litem is as well as the judge and the hearing date. You should attend or hire an attorney to attend on your behalf. The attorney could subpoena the bank records if there is enough time to do so before the hearing.

    Yes, the court often appoints professional guardians when it is difficult to sort out who is good/bad for your mother. However the professional guardians I know work with not against the family.

  4. Carol A. Morris

    Contributor Level 11

    Answered . I agree with the attorney answers and believe the user Elaine is attempting to scare you for some reason. Assuming your mother is also in Wayne County you can look the case up online at wcpc.us the court has public access of the case which will show when it was filed, who the Guardian Ad Litem is as well as the judge and the hearing date. You should attend or hire an attorney to attend on your behalf. The attorney could subpoena the bank records if there is enough time to do so before the hearing.

    Yes, the court often appoints professional guardians when it is difficult to sort out who is good/bad for your mother. However the professional guardians I know work with not against the family.

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