Legal Question in Banking Law in Nevada

fraud law

If some one a family member is incapacitated hospitalized and their rent is do can a relative use there checking account to pay their the incapacitated persons by singing for ect John Dow singing for tom smith?

Asked on 4/06/09, 11:54 am

1 Answer from Attorneys

Jonathan Reed Reed & Mansfield

Re: fraud law

No. Not unless that person already has a power of attorney. The law is a bit difficult in this situation if there is no advance power of attorney. The relative would need to begin a guardianship proceeding in court to be appointed guardian with power to make those payments etc.

Another way to handle this problem in advance is for people to create and put their property in trust with themselves as trustees but with trusted people specified as alternative trustees if the person writing the trust is incapacitated.

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Answered on 4/06/09, 12:31 pm

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