Legal Question in Elder Law in Arizona

Can I request a financial audit of my mother's accounts before she is considered mentally incompetent. My sister is going to petition for a guardianship, but she has placed her name on a number of accounts and would not provide details or access. I would like to require a large Guardian bond in Arizona because she can not be trusted. This court process will cause the death of my (94) year old mother.

Thanks!


Asked on 12/08/11, 10:08 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You can file a petition in the probate division of the Superior Court to see if your sister has financially exploited your mother, and an accounting would be part of that proceeding to determine what has happened to your mother's accounts, income, assets and expenses. Your sister may or may not have any authority to do what she has done. She cannot put her name on your mother's accounts, your mother would have to be the one to do so. Your sister may have caused her to do that. If your sister has control of your mother's accounts, it makes no sense for her to petition for a guardianship and conservatorship, which brings the court in to supervise what she is doing, including the financial accounting. She is probably saying that to keep you from filing your own petition. Your mother may be competent for some purposes and incapacitated for others. It is important that you take action at once, to protect your mother, both physically and financially. The legal process should not be fatal to a 94 year old. Consult with a lawyer.

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Answered on 12/08/11, 10:24 am


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