If a friend’s daughter has a restricted account from a settlement and he is the guardian and he borrowed from it but has since paid it back, will there be any issue?

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If a friend’s daughter has a restricted account from a settlement and he is the guardian and he borrowed from it but has since paid it back, will there be any issue?

He won’t do it again.

Asked on June 23, 2013 under Estate Planning, Connecticut

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, he could be taken out as guardian and have someone replace him because what he did was illegal. It doesn't matter if he paid the money back, especially if this account was accruing interest. He interfered with her rightful money and as such he broke a fiduciary law. He must be removed.


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