My mother and I are joint account holders on two checking accounts since 2004. During Covid she had a drastic cognitive decline at age 86. In 2023, I accessed the checking accounts online and began paying her bills. I set up her home care agency in 2024 and paid them using mom’s money. I have no POA. My sibling and I lost our guardian case and the court appointed mom a plenary guardian. Do I have to return money used from the joint checking accounts paid to the home care agency that I set up to the newly appointed guardian? I look forward to your feedback. Thank you for your time!
Did they ask for it back?
If I had to guess, I would think that since the money went for your Mom's care (and this was provable) I don't know why they'd ask for it back... wouldn't they have to get it back from the care agency? The money didn't go to you...
While the guardian did not ask for any money back, as yet, she is requesting all official receipts and documents showing how money from the account was used. There was also a comment that I was not the guardian when I used the money to pay for mom's care. This made me sick to my stomach.
If you kept careful records of ALL WITHDRAWALS from her account on a monthly basis, every penny into her accounts and every penny out of her accounts, and files as to where this money went (for her care and her bills) with receipts then I do not believe that you will be asked to return the money.
You may be taken off of the bank account and you may not; that remains to be seen.
I would take this a step at a time.
If you are asked to return money you should consult an attorney for yourself.
I do have receipts for every transaction. I have provided receipts that she requested at this point. The guardian has already closed the bank accounts. I will plan on getting help from an attorney if the guardian requests money back which was used to pay for mom's cares.
Thank you for your time.
If checks were written to a care company then those checks should be reflected on the bank records that the guardian now has access to. If the only reason you are not thinking this is sufficient is that you were not the guardian when you paid them then your guardian’s comment to that effect would serve as a warning to me that this guardian may be difficult to deal with. I would make every effort to meet their demands but I would find an experienced attorney.
If for some very odd reason you paid them in cash, then the care co should be able to provide the guardian with records of funds received and dates of service.
Banks can be difficult to deal with but their legal group will have experience with who can do what. Has your bank closed your account? Do you still have access to the records?
We have members on the forum who have been through guardianship scenarios but each day we are reminded how different states are one from the other.
We can suggest common sense solutions but that doesn’t mean it’s the law in your state.
If I had done something wrong, knowingly or not, then I would be on notice that ignorance of the law is not an excuse and I would seek legal council.
There is so very much fraud in elder care that examples will be made in an effort to keep people honest.
Let us know how this evolves. We learn from one another.
I had an attorney for the guardian case who has filed a withdrawal with the court to end representation after I lost the case. I no longer have access to him. If I am going to need any future representation from an attorney, I will plan to hire someone else. Not sure how I will go about finding a new attorney who has expertise with this issue. I appreciate any feedback.
I do have records of the care company's receipts accessing the checking account and obtaining the electronic automatic payments.
Thanks again for the feedback.