LEGAL GUARDIAN VS. FIDUCIARY CUSTODIAN?

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Latest post Fri, Mar 30 2007 1:41 AM by KATHY12345. 5 replies.
  • Mon, Mar 26 2007 2:53 PM

    Question [=?] LEGAL GUARDIAN VS. FIDUCIARY CUSTODIAN?

    Is there a legal difference between a legal guardian and a fiduciary custodian? Is a fiduciary custodian permitted to bring motions to the court regarding modification of spousal support? What are they allowed or not allowed to do? Please add any info that is relevant. Thank you.
  • Mon, Mar 26 2007 4:19 PM In reply to

    re: LEGAL GUARDIAN VS. FIDUCIARY CUSTODIAN?

    You don't say where you're posting from.

    I'm not sure where you got the term "fiduciary custodian" (never saw those words combined).

    Do you have a power of attorney from the person in question? A power of attorney wouldn't normally enable you to appear or file suit on behalf of another individual, as that would involve the practice of law (though a POA could enable you to engage an attorney for the person).

    Presumably an adult, one would seek-have *conservatorship* over his-her person and all affairs (though they may use the term "guardian" where you are, normally that would be with regard to a minor). As a conservator, you should have power to bring actions on that person's behalf (though, again, you couldn't practice law without a license).
  • Wed, Mar 28 2007 10:38 AM In reply to

    Question [=?] re: LEGAL GUARDIAN VS. FIDUCIARY CUSTODIAN?

    I am posting from Vt. I have no clue if there is a poa or not. This person is my ex's "Custodian" and she has a "fiduciary" account under his name which she writes checks from for his bills. My problem is is that she is aware of the court order but only sends me a check for "What he has left" at the end of the month. I was wondering if I cash these checks that say in the memo, "March alimony" and the check is obviously a lot less, am I waiving my rights to the balance due under that month because I cashed the check? Can she file a motion to modify the spousal support or does she have to have an attorney to do this? Any info very appreciated! Thank you.
  • Thu, Mar 29 2007 11:16 AM In reply to

    Question [=?] FXSTON??

    Any additional info since my last post?
  • Thu, Mar 29 2007 6:57 PM In reply to

    re: LEGAL GUARDIAN VS. FIDUCIARY CUSTODIAN?

    "I was wondering if I cash these checks that say in the memo, "March alimony" and the check is obviously a lot less, am I waiving my rights to the balance due under that month because I cashed the check?"

    Chances are the answer is no, but it depends on Vermont law on accord and satisfaction. You are absolutely free to write an endorsement on the back before you deposit-sign that says "not accepted as full payment" or the like. You need to talk with a local attorney.

    "Can she file a motion to modify the spousal support or does she have to have an attorney to do this?"

    You already asked about this. Just because she's on an account as "custodian" doesn't mean she's his conservator (legal guardian). My guess is that she is not a legal guardian (and you don't give me any indication that ex is a veg or otherwise legally incompetent).

    You need to talk with a local attorney. Not sure why you're thinking about whether she can file for modification on his behalf in the first place. You should be being proactive and filing a motion to show cause/for contempt against him for not paying full support (including a demand that he pay your legal fees). That will flush out what's what in terms of whether he has a conservator or not.
  • Fri, Mar 30 2007 1:41 AM In reply to

    Feedback [*=*] Thank you for your response!

    I really appreciate it and it sounds good to me. Thank you so much, I really appreciate your quick and honest response.
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