Legal Question in Elder Law in Virginia

Re: Sisters guardians of mom--do I have legal rights to get an accounting of my

Thre are not enough details given to precisely respond to this question. Therefore, I will just assume that the Virginia sisters are court appointed guardians pursuant to Va. Code.

� 37.1-134.14. Court order of appointment; Generally, an appointment under this section will only give the guardian power over the physical well being and something like "custody" of the person of the one who is legally incapacitated.

If the incapacitated person has property requiring administration, the "guardian" will also be given the powers of a "conservator" or some other person will be the "conservator". If the assets of the subject are simply Social Security benefits, a "conservator" is not required. In Virginia every fiduciary appointed or qualified by the court has very strict duties of accounting.

Anyone investigating the status of assets would inquire to the Commissioner of Accounts for the City or County, if the fiduciary is not responsive.

If you are without legal experience in such matters, you very probably will need to consult directly with a Virginia attorney who is competent in these matters.

Re: Sisters guardians of mom--do I have legal rights to get an accounting of my

The previous reply is correct. However,even if the property were sold under a Virginia power of attorney, as opposed to a sale by a conservator, Virginia law provides a mechanism for an accounting of any spending of the proceeds of the sale for the last two years.

Under Va. Code section 37.1-134.22, unless the power of attorney expressly provides otherwise, a family member may request information and records relating to the use of the power of attorney for the past two years. If the request is not answered, a suit can be filed in the Circuit Court to compel the production of the information.

Obviously, you are likely to need the assistance of an attorney to file the suit, but you can always demand the information.

The Virginia Code Sections that apply are listed here:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+37.1-134.22

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+11-9.6

You might check the deed in Massachusetts to determine how the sale was made. Then you will be in a better position to decide what you might be able to do legally.