Follow
Share

Earlier this year my husband obtained guardianship for his mother due to her dementia. She now lives with us. She has an IRA with a major investment company. My husband has been trying to change it over to the company we have ours invested in because we are comfortable how they are managing the funds. After her company requested form after form, he contacted our company and they tried to help. Now the company is insisting we put his mother on the phone to verify that she wants this. She has been declared incompetent, the guardian papers are notarized and yet they still want her to speak. Getting the guardianship was not cheap.

This question has been closed for answers. Ask a New Question.
Get a lawyer to send a letter on their letterhead informing them that you are going to sue them for ignoring the signed paperwork. Even if it is just an empty threat, that should get the gears moving.

I also work in a financial company, and we process guardianship and POA paperwork all the time. This company is just trying to wear you down to conserve the business.
Helpful Answer (7)
Report
KNance72 Oct 2023
I got a similar call from My Dads Money manager at Charles Schwab he used a threatening tone of Voice " That he needed to speak with My Dad due to the distribution and if taxes had been Paid . " My Father is in California and was taken there By my sister . I have no idea where he is because she canceled His phone Number and he can't use a Phone and she Doesnt answer her phone or speak to any relatives ( we are On the east Coast ) They have the Medical certificate on File that My Dad Can Not make financial decisions . I really was Not Happy That I was spoken to like this . I let him Know the IRS owed him Money and we filed a extension . They did Not go out of their way to contact My Dad after quarantine either .
(1)
Report
Is it sizeable? If she is 72 1/2 you should be setting up distribution for IRS. My IRA started out as 21k. It has grown but every year I have to take about 1700 out and I pay taxes on that. If my investments are not good enough to offset that 1700, I will end up losing money. So is it worth changing over.
Helpful Answer (1)
Report

No, none of this is cheap. And luckily the funds of your husband's Mom should pay for all legal fees.

Unfortunately this company is ignoring a legal guardianship. That's actually against the law. But to handle this you unfortunately need an attorney again. They need the threat of a suit and reporting to commissions in charge of their licensure.
Helpful Answer (4)
Report
sueschuld1 Oct 2023
This is exactly what I thought. Since she was officially declared incompetent the company should not demand to speak to her.
(3)
Report
See 1 more reply
When you say the paperwork is notarized, you probably mean certified—he's been legally appointed as the guardian in a court of law, and your husband has sent the certified copy of his guardianship order. If you don't have a guardianship order from a court, and what you have is a notarized document declaring him the guardian from some other authority (maybe a lawyer), that could be the problem. I'm assuming this is *not* the case, but it's worth mentioning.

You probably had a lawyer help him get the guardianship, so run this past them. When I was a legal guardian, I don't remember it even being an option to transfer my mother's funds from one investment company to another. I could leave the accounts be as long as she didn't immediately need the money, or I could close them and deposit the check, which was always in her name, into her guardianship bank account. Maybe transferring to another investment is an option for you, but it's just tricky enough to warrant paying for an hour of your lawyer's time.

You might also just be dealing with a low-level clerk who doesn't understand what guardianship means. I ran into this frequently, notably with social security. I had one clerk yelling at me over the phone because she thought I was making it up. You really run into all types. So you might try to get a response from a more senior person at the company, someone who might be more familiar with the law. And yes, get your lawyer to contact them if need be.
Helpful Answer (4)
Report
AlvaDeer Oct 2023
You are so right. If not a court document with all paperwork it is worthless. People seldom understand that a "notarization" means nothing. The notary is simply attesting that the person's signature belongs to them. Doesn't mean the person is competent or that there are court documents and etc. People often make the mistake of pulling documents off the online community, having an elder sign them with a notary. That just won't do in most cases.
(1)
Report
See 1 more reply
The judge, who declared my inlaws incompetent, made them wards of the state and appointed my husband as their guardian, would approve transactions such as the cashing of savings bonds and the selling of their real estate. His clerk would supply the documentation needed to the bank or title company.
Helpful Answer (2)
Report

You SHOULDN'T have to have more legal fees but that doesn't mean you WON'T. The state rules and the company policies are likely conflicting on what to do in a guardianship (GS) situation.

In Oregon, having GS did not allow one to do anything with assets -- including retirement funds. That required a conservatorship (CS). The state laws mean GS is the physical person, POA is short term financials, and CS is assets (including retirement accounts). Other states have their own ways and definitions. For example, in our state, if a clause to change retirement accounts is not SPECIFICALLY written into a POA, then it is assumed it is NOT allowed regardless of how any other generalities are written. For the required details to make a very strong POA, it requires very, very long POA documents. Which of course increases the price to have them prepared and properly filed.

DH had MIL as a ward so hopefully this suggestion might help without additional major expenses. IMO, send a copy of the Letters of Guardianship (and/or CS) via certified mail with signature required along with a letter stating that they are to not to contact mother as her rights have reverted to the guardian. I would include a copy of a roll-over form asking the funds be transferred from one retirement company to another and that any delay will result in consult with an attorney instead. I'd give a deadline of xx number of days to contact you back to make arrangements and then, if there is delay, go to an attorney.

Good luck.
Helpful Answer (1)
Report

How do I stop my family from getting guardianship of my financial independence
Helpful Answer (0)
Report
Isthisrealyreal Dec 25, 2023
Show up in court and PROVE you a mentally competent.
(2)
Report
See 1 more reply
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter