Saint George, UT asked in Family Law and Elder Law for Utah

Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

A check in the amount of $10,000 is being held by GE Capital Investments. The check has my name and my uncle's name on it. The guardian wants the check (stating that it is the sole property of the ward). Do I have any rights?

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Elder Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: First, you need to determine why it has your name on it. If you are a joint owner of the account then, no it is not the sole property of your uncles. If you are merely a payable on death beneficiary or hold a power of attorney, then it is your Uncle's sole property and the money should be used for your uncle's benefit.

I hope this helps.

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