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<blockquote data-quote="Jena" data-source="post: 199520" data-attributes="member: 4514"><p>just thought of this, i sat thru depositions whereas a person with a mental health disability stole millions upon millions of dollars from an estate, during deposition he was allowed to take breaks, periodically we allowed his dr. there as well. we shortened length of deposition, and extended it to 3 dy usually it's one round, one day and intense.</p><p></p><p>normally it would of gone to trial following depositions, yet due to the emotional disability of said person it did not. We concluded after also speaking to dr. at great length as well as various family members that the intent was not there, that the money spent was due to the person's illness, and lack of recording such monies in and out of the account.he was the guardian of the incapacitated person, wild, huh...? ok if i take a bit of time i will remember what this man's diagnosis was. he was a prior guardian for years, yet he was older and had not done it in a long time and decided to do it again, due to the fact it was his "friend".</p><p></p><p>long story short he was not charged, he simply had to pay back said monies, of which will never happen, we knew that. it was just a "no win" situation. So the family suffered because when the incapacitated person died which is when i reviewed the accounting and found the losses without back up doctor's, the family would not then recieve their distribution of the estate.</p></blockquote><p></p>
[QUOTE="Jena, post: 199520, member: 4514"] just thought of this, i sat thru depositions whereas a person with a mental health disability stole millions upon millions of dollars from an estate, during deposition he was allowed to take breaks, periodically we allowed his dr. there as well. we shortened length of deposition, and extended it to 3 dy usually it's one round, one day and intense. normally it would of gone to trial following depositions, yet due to the emotional disability of said person it did not. We concluded after also speaking to dr. at great length as well as various family members that the intent was not there, that the money spent was due to the person's illness, and lack of recording such monies in and out of the account.he was the guardian of the incapacitated person, wild, huh...? ok if i take a bit of time i will remember what this man's diagnosis was. he was a prior guardian for years, yet he was older and had not done it in a long time and decided to do it again, due to the fact it was his "friend". long story short he was not charged, he simply had to pay back said monies, of which will never happen, we knew that. it was just a "no win" situation. So the family suffered because when the incapacitated person died which is when i reviewed the accounting and found the losses without back up doctor's, the family would not then recieve their distribution of the estate. [/QUOTE]
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