Legal Question in Wills and Trusts in Puerto Rico

my mother is in the hospital in and out of intensive care. she is unable to attend to her personal affairs. my sister gets her atm card and takes large sums of money out of the account. is their any recourse or can i go after my sister for the money. we have some of the bank statements that prove she took money for purposes other than the care of my mother...

Asked on 1/27/12, 7:31 am

1 Answer from Attorneys

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

If your mother has become disabled, you can petition the Court to issue an administration order and to freeze the accounts based upon that request. Someone would have to be appointed legal tutor. An accounting can then be made of the monies usurped.

If your mother is not disabled, then she has to file for misappropriation claim.

However, if your mother has indeed authorized the use of the ATM card, then there is very little you can do to halt the withdrawals.

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Answered on 2/06/12, 9:50 am

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