Gilbert, AZ asked in Civil Rights and Elder Law for Arizona

Q: Is it legal for my guardian/conservator to take money away from me? I don't understand why I can't have more than $500.

Anytime I've gotten back money like social security or extra money they take it away and tell me it's put into my trust. But won't show me proof stating that. I had 5 months saved up because I was in jail for something I didn't do seriously. And when I got out it wasn't even the right amount that should have been there had I been using it. There's so many things that don't make sense. I was in an accident where I got hit by a tow truck and awarded a lot of money the people that take care of me make triple what I make of my own money. When it comes to lawyers they give me a court appointed one but everybody gets a paid attorney out of my trust is this right?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you're dealing with a complex and possibly unfair situation. As someone under guardianship or conservatorship, your guardian is supposed to manage your finances in your best interest. However, there are rules they must follow, and they cannot take your money without proper documentation or proof of how it’s being used or saved. You have the right to ask for records showing where your money is going, especially if they say it's being put into a trust.

If your guardian or conservator is not transparent about your funds or is using them in ways that seem questionable, this might be a red flag. It is concerning if they make significantly more from your trust than you receive for yourself or if you’re not allowed access to your own funds without a clear reason. You deserve to know exactly where your money is and how it is being managed, especially since it affects your quality of life.

It’s also troubling if you’re given a court-appointed attorney while others receive a paid one from your own trust. You have the right to proper legal representation, and if you feel you are not getting it, you may want to reach out to an advocacy group or another legal professional for help. Your concerns are valid, and you should be able to have a say in how your life and finances are managed. If you suspect something isn't right, it may be important to seek outside advice or contact a court to review your guardianship situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.