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Banks Responsibilities

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jude11142

Junior Member
What is the name of your state? CT

I am conservatrix for my father inlaw(of person and estate). Without going into a long background, I will just say that my husband, myself and kids were estranged from dad because of his involvement with a woman who has caused him nothing but trouble. So, both sides decided it best to stay away. Anways, about a yr of not talking, I get a letter saying that this lawyer is going for conservatorship of dad. I show up at hearing, find out that dad is in nursing home etc.....Next few wks we visit dad, find out that he wants to be home, don't know why he's there, why the lawyer is in charge etc....We decide that I will become conservatrix, bring him home and take care of him. At that time there was nothing wrong with him. Medical records state that he is able to care himself and that the conservatorship was voluntary. Never found out what this was all about. Anyways, I take over.
At lawyers final accounting, he helps me set up an acct for me to pay bills for dad etc....at time dad had 50,000 in savings. So, the lawyer opens an acct that reads my name, conservator for dads name......He takes 15,000 out and puts it in that acct for me to work with. I was happy that he helped me set up that. He was then on his way.

Now, at the same bank, dad has 35,000. That bank has on record that I am conservatrix of both person and estate. After about 7 months dad starts having problems with memory, can't find things etc....all of this is documented. I find out that he has been going to the bank and taking out money in the amt of 1500.00, somethimes 2-3 a month. That is beyond the spending money I give him. I go to the bank and tell them that he is not to touch that money etc....I get nowhere. I have them look on file for documents, they tell me that the only money I have access to is the money in the conservatorship acct. I talk to somebody at the VA in the guardianship dept what is going on and they can't believe it. I am told to get that money out of that acct asap!!! Again, I go the bank, make out a withdrawel slip and I am denied. Again, told that I don't have any access to that money. Another time, I get a refund check from sears, because he went ahead on his own and bought a 2600.00 snowblower and paid it twice. He charged it to his card, went the next day, took money out of bank, they went to the store and pd it, then when bill came a few days later, before payment was posted, he paid again....I go to the bank that the check is written on and try to cash it and I am told that I cannot. I give them the paper that states conservatorship but that means squat. I don't know why that day, I went to that bank instead of depositing into the conservator acct, but neither here or there, that paper meant nothing. They told me that if he comes in they will cash it with two forms of ID. I explain that I can bring him in but they are not supposed to do that becasuse he is uncapable to make decisions, I will even have to put his hand on the check and get him started to sign the check. Even when they ask for his ID, he'll look at me, because he don't know what they want etc....I ask them how can they cash checks for somebody like that? What if I was a thief and dad had his SS check with him, they would just cash it????? Soon, I have to go for an accounting, and all the times that dad took money out, how am I supposed to account for that??? The VA says that I am going to have to bring him with me and have him tell what he did with it. He can't even remember this morning let alone months ago. What is know by many is dad is a ladys man and has had no problem taking them out and spending lots of money on them. But, still, I don't have reciepts for that. What I have is copies of the times he took money out on his own.
My main question is: Isn't the bank responsible to some degree? Esp. his bank, one that he's been with for over 25 yrs??? Am I responsible for both accounts or just the one conservatorship acct that the lawyer set me up with?
HELP!!!!!!!!!!!!!!

JUDE
 


BlondiePB

Senior Member
What did your attorney say about the bank's refusal when you showed the bank an original court order?

What about the initial conservator accounting report?

A conservator/guardian has approximately 60 days from the time of appointment to secure all of a ward's assests and file a complete inventory with the court. You were responsible for closing the ward's bank account right after your appointment as conservator and depositing the money in restricted funds only accessible via a court order. Because this was not done, you are legally responsible and liable for the money that the ward withdrew.

Did you become conservator prior to not talking to the ward for a year or at the court hearing when you were notified as an interested party?
 
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jude11142

Junior Member
Probate hearing postponed

Thanks for your reply. I became conservator about a month after the lawyer was appointed. During that month was when we started seeing eachother again. Since it was a voluntary conservatorship, my father inlaw was able to have the attorney removed and at that time ask that I become his conservator(trix). The family was reunited after we all recieved papers from probate court that there was going to be a hearing. Up to this point we assumed that dad was with his lady friend, living a good life. I know that it's difficult to understand the dynamics of my husbands family, but from what I've been told by all and what I've observed this is how his family is. It's a long, sad story. My family is very close, we talk atleast once everyday, so it was very hard for me to understand hubby's family.

As for when I took over, the lawyer submitted his final accounting. The money in conservator acct and from dads acct were both accounted for, as well as real estate value. I guess what has me confused is that how come when this lawyer went with me to open up a cons. acct with my name, he didn't have me do so with dads acct? He took some of the money and had me open the cons. acct. and left the rest of the money in dads acct under dads name.
Anyways, I did file for an extension and I have been going through all the bills pd, getting the reciepts, copies of money pd out to nsg home etc.....So, I feel pretty confident that we'll have most covered. As for the money that dad has taken out that I didn't know about, the VA's guardianship dept is going to have the rep come with us to the hearing, since he did meet with us several times(re: VA pension)and he warned dad about spending/giving away money.....
All I know, is that this is not an easy job. Really, it's been a headache. I can't wait to get this settled. I realize now, I know too late...that I should of hired a lawyer who specializes in this.

What I have learned from this is that there are reasons why we have experts/lawyers that do this for a living.

Thanks again for your reply,

JUDE
 

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