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Fraud by Guardian

My son's girlfriend had a guardian until 2004, when the guardianship was disolved. Problem is, this person is still controlling her money and she thinks the guardian has possibly taken some of the money. She can't access any info on her account without the guardian being present, per the bank. What can she do?


This is a sticky situation, and it may take some doing to get it resolved. You are generous to want to assist her with this mess.

If your son's girlfriend has a copy of the court order dissolving the guardianship, she can take it to the bank and request that her access to her account be established, and that of the former guardian be ended. She should make sure that her copy of the court order is recent. If it's more than a month or so old, she should ask the clerk of the court for an updated order (essentially, this is just the same order with a new date of the clerk's signature and seal, to assure readers of the order that nothing's changed). Of course, if she doesn't have a copy of the court order, she'll need to get one.

Once she has straightened account access out, she should review account statements (provided by the former guardian in a best-case scenario; provided by the bank -- perhaps at a fee -- in the most likely scenario) to see if any withdrawals appear questionable, and proceed from there. If she still runs into difficulty with the bank, or if she suspects that the former guardian may have used funds inappropriately, she should contact a local Legal Services office or a private attorney.

Published on BankingQuestions.com 8/31/06/06