Coffee Clutch Carol
Carol regularly visits her younger sister, Isabella for coffee. Amelia, Isabella’s guardian recently noticed that there were missing items from Isabella’s home. Amelia knows that Isabella looks forward to her visits with her sister and they enjoy sharing old memories during their coffee time.
Carol just closed the door to her sister's home, but she forgot to pick up her designer bag. A few minutes later, Amelia noticed Carol's bag, she called Carol on her cell phone, but Carol did not answer. Amelia picked up Carol’s bag to place it in Isabella's closet, noticed that the bag was extremely heavy, and observed a string of pearls sticking out the bag. Amelia had a light bulb moment; Amelia recalled that Isabella has a string of pearls and on that same day, Isabella told her that she could not find her pearls.
Ten minutes later, Carol returns to pick up her bag, Amelia confronts Carol, and Carol nervously clutches her bag. Carol told her that Isabella gave her these beautiful pearls as a gift and she always gives her something nice during their coffee breaks. For quite some time, Amelia suspected that Carol has been stealing Isabella’s antique jewelry and family heirlooms, but she did not have any proof to support her position.
What should Amelia do? Amelia should speak with an attorney immediately to discuss what steps she needs to take to protect and preserve Isabella’s assets. Upon Amelia's discovery that Coffee Clutch Carol was in possession of Isabella’s property, New York Mental Hygiene Law § 81.43 permits Amelia to commence a proceeding to require Carol to appear for an inquiry and subject Carol to an examination in Court regarding Isabella’s personal property, which has been within her possession and control. If the Court determines that Isabella did not have the mental capacity to voluntarily transfer or give gifts to Carol, the Court has the authority to require Coffee Clutch Carol to return the property wrongfully withheld from Isabella. To learn more about the steps you need to take to protect your loved one’s rights in an Article 81 guardianship case, contact the Law Office of Tamara I. Jordan P.L.L.C.