QUESTION
How do you collect a debt owed by someone under guardianship?
Asked on Mar 20th, 2014 on Estate Planning - Michigan
13 ANSWERS
You present the debt to the guardian and if they will not pay it you sue the person, the guardian, and the estate of the person in small claims court.
Answered on Mar 24th, 2014 at 10:50 AM
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Much more information is needed to help you answer your question, and debt collection is a complicated matter. I would contact a debt collection attorney instead of trying to get an answer on a forum such as this.
Answered on Mar 24th, 2014 at 10:49 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Was the debt incurred before or after the guardianship? If after was it incurred by the guardian on behalf of the person? Sue the person but name the guardian.
Answered on Mar 21st, 2014 at 3:49 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you seek the service of a collection agency or collection lawyer. The process is difficult to collect from a person under a guardianship.
Answered on Mar 21st, 2014 at 2:30 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You may not be able to. In Michigan, a guardian has almost no financial powers, at all. If the person has a conservator, that is different. A guardian primarily makes decisions regarding living arrangements, medical treatment and the like.
Answered on Mar 21st, 2014 at 12:42 PM
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That is a complicated question, is the debt secured, unsecured, was the debt incurred while competent? These issues need to be vetted before contacting the Guardian and addressing the issue or filing with the Court for approval. I urge you to speak with an attorney experienced in guardianship law.
Answered on Mar 21st, 2014 at 11:59 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Guardianship in Oregon usually doesn't handle finances, those are managed by a "conservator," who may be the same person, or maybe not. If the guardian is managing finances, it means there's not much of them, so I hope it's not a large debt you're trying to collect. The collection process is the same as if there were no guardian, only that you're dealing with a fiduciary rather than the principal.
Answered on Mar 21st, 2014 at 11:48 AM
You present the debt to the guardian.
Answered on Mar 21st, 2014 at 10:06 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sue the conservator (usually if there is a guardian, there is also a conservator) as conservator for the person.
Answered on Mar 21st, 2014 at 9:55 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The guardian will have control of the bank account and other assets of the person under guardianship. ?Contact the guardian and tell her/him how much the debt is and what it's for. The guardian should pay you. ?You might need evidence of the debt, particularly if it's not something that has a tangible result (if you're a paving contractor and you paved a driveway, anyone can see the driveway but if you're a doctor and you treated the ward, there won't be any visible proof of your service.) If the guardian refuses to pay, then just like any other debtor; you have to take them to court.
Answered on Mar 21st, 2014 at 9:36 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The estate of the ward is managed by an appointed Guardian. The claim against the ward would be delivered to the Guardian and if denied the right to collect the debt could be asserted in a lawsuit against the ward. The Guardian would be a named defendant in his or her capacity as Guardian for the ward. Service of process would be on the Guardian, on behalf of the ward.
Answered on Mar 21st, 2014 at 9:36 AM
Submit a bill to the guardian or the conservator if the person has one, explaining the circumstances, the amount owed, and why you expect repayment.
Answered on Mar 21st, 2014 at 9:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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With an attorney who will seek to have the individual found liable and collect through the guardian.
Answered on Mar 21st, 2014 at 9:33 AM