Legal Question in Criminal Law in Florida

Miss handling of elderly incom

My mother has been living with me for the last three years. She had a stroke in dec. of 08. she was in rebilation center until april now she is in a nurseing home until she is able to stay by herself while i am working. She was helping pay house hold expence. Now a social worker is investagation use of her money he wants copies of her bank statements. Do i get them for him or what should i do.


Asked on 4/28/09, 9:34 am

2 Answers from Attorneys
Richard Stoffels Stoffels Law Group

Re: Miss handling of elderly incom

Whether you cooperate depends on what you did with her money, and whether you had the power (joint accounts, durable power of attorney) to access her money. If you forged her signature to "pay expenses", well then Houston, we have a problem.

In reality, if the state feels that you committed a crime they can subpoena the records directly from the bank. All I am saying is that if you did nothing improper (not from your perspective, but from a reasonable person's perspective - think of a juror's perspective) you can probably provide the docs and cut this short. However, you are taking a risk in doing that.

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Answered on 4/28/09, 9:47 am
Valerie Masters Valerie Masters, P.A.

Re: Miss handling of elderly incom

No I would not turn over records until your lawyer reviews them first. You should get some real legal advice first, not an email lawyer. If you would like to talk to me about representation, please call me.

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Answered on 4/28/09, 10:24 am


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