[WSBAPT] conservatorship/vulnerable adult/?

[Candace Wilkerson]

Mike, I suggest you file a petition for conservatorship and also temporary conservatorship for Child A to deal with this issue if the notice I mention below isn't enough-if granted, if might give more authority to Child A to deal with the situation.  Additionally, a Court Visitor would be appointed to make recommendations about the petition and possibly deal with the financial institution in the interim.

The DPOA should give Child A the power to notify the financial institution that only Child A has the power to request distributions, not the Principal and not Child B.  However, if it doesn't sway them, file the petitions suggested above and notify the financial institution that they have been filed.

Feel free to contact me offsite if you want to discuss.

Best,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Zeno
Sent: Tuesday, November 22, 2022 1:01 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] conservatorship/vulnerable adult/?

Child A is attorney in fact under dpoa.  Principal has limited capacity.  Principal calls brokerage firm under influence of Child B and seeking to withdraw $, presumably for Child B's benefit.  Child B's influence not visible to brokerage firm, but they have doubts about principal's capacity, so they deny request.  But brokerage firm is in a tough spot.  I represent Child A.  Any thoughts about how to deal with this?

Mike


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