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goldenl Asked February 2014

A 3rd party guardian was appointed by the court over an parent, but one of the siblings will not release the monthly checks. What can be done?

Is there a penalty or contempt of court charge for not turning monthly checks over to the appointed guardian.

igloo572 Feb 2014
Guardian was court appointed, right? Then there are 2 approaches you can do, depending on how ballsy you can be:
1. you send a letter to the attention of the clerk of the judge (this is probably a probate judge) who did the order. In the letter state who you are and that it is your understanding that monies needed (if you know the specific details as to amount and bank put that there too) for the care of your parent are being withheld and in the possession of your sibling (put her name and address and contact info) who refuses to give them to his appointed guardian (name the guardian and the court date and the details on the court order too). Send it registered certified mail with a return receipt card - all this done at the USPO for under $ 10.00 too.

Judge will likely contact the guardian he appointed regarding this and ask if he want to recuse himself from the position as he (the judge) will and can appoint a temporary court-appointed guardian to work the details out.

2. The guardian is required to post reporting to the court. Just how often depends on your legal system, maybe every 6 months. You can on the date the report is due is go to the courthouse and file a friend of the court report about irregularities on the finances.

But before whatever, you need to get a copy of the guardianship orders and you need the details within the order to put into whatever you do. Most county site's have all this available on-line as a download for nominal cost too.

goldenl Feb 2014
The Guardian was made aware of that, but been lied to so many times by the sibling about the money and the overall situation he finally has a grasp on it, but it seems to be dragging out. We thought the Uncle would of been the person to help to resolve the issue , but he doesn't want to be bothered. Praying this will be resolved soon

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jeannegibbs Feb 2014
Thanks for the information. Is the guardian aware that this sibling has the checks? The guardian should be handling this, not you or your wife. That was supposed to be the benefit of having a guardian, right? Someone objective to stop the fighting and do what is right for Mother.

What is the guardian doing about this situation?

goldenl Feb 2014
It is may mother-in-law and my wife was okay with having a 3rd party because there was so much bickering and arguements since their father past away the eldest sibling wants to control everything concerning thier mom and was in possesion of her mom's check, and will not do the right things. My wife and I have always been active in caring for her parents,

jeannegibbs Feb 2014
One of the parent's children has the checks? Why?

I would assume that the 3rd party guardian would take action through the courts to get this resolved. What is your role?

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