A Legal MinuteGuardianship & conservatorship
When One Sibling Takes Control of a Parent’s Finances
The short answer
In a case at the speaker's previous firm, not Copper Wren, and not her case, an incapacitated parent needed guardianship and conservatorship. By her account, one of four adult siblings took charge, got new powers of attorney, shut out the others and pretty much emptied the parent's accounts, and the parent was not cared for.
From the full episode Real-Life Probate Horror Stories & Lessons Learned (20:29).
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Transcript
There's quite a few. We get them a lot more often than not, but the ones that really stick out to me are, this was not currently at Copper Wren. This was in a previous firm that I was at, and I actually wasn't on the case. It was somebody else. So this was kind of a third-party, like, I'd look over the shoulder and go, "Ooh, I'm glad that's not me."
Basically, we had a situation where a parent was incapacitated, needed a guardian conservatorship, and there were four siblings total, adult siblings, and they were all pretty close in proximity. But there was one sibling that kind of took charge and took dad and got new POAs and everything and iced all the other siblings out, and pretty much used that to go in and empty his accounts.
Did not take care of him. No AC here in the summer. Fridge was not working. I mean, crazy stuff.
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