Lawyer disclosing personal financial information

[globalgiant]

What is the name of your state (only U.S. law)? Colorado

I am inquiring on behalf of my father who is seeking conservatorship/guardianship rights to my grandparents. The judge residing over the case assigned a court appointed guardian for my grandfather, and one for my grandmother. The attorney that is the temporary guardian for my grandmother gave some of my fathers personal financial information (bank account numbers and balances) to a third party (my uncle). This was discovered on my uncles guardianship application.

My question is...Is this breach of confidentiality illegal? If so, what recourse can be taken? If not, how can it not be illegal. I cannot imagine in any capacity that it is acceptable to disclose personal financial information from a case file to a third party.

 

[globalgiant]

No comments??

 

[ecmst12]

You got all the comments you're likely to get on your original thread. No need to start more.

 

[quincy]

To go along with ecmst12's post, here is a link to globalgiant's other thread:

https://forum.freeadvice.com/elder-law-powers-attorney-living-wills-advance-health-care-directives-115/improper-power-attorney-587468.html

 

[globalgiant]

You got all the comments you're likely to get on your original thread. No need to start more.

I did not get any comments pertaining to this question, which is why I also posted the question in a more appropriate forum. I would think matters of confidentiality would be pretty black and white...

 

[quincy]

I did not get any comments pertaining to this question, which is why I also posted the question in a more appropriate forum. I would think matters of confidentiality would be pretty black and white...

Nothing in law is black or white.

I am not sure anyone here is going to second-guess the attorney for your grandmother. Most attorneys, however, will not put themselves in a position where their actions can draw the ire of the state board.

I suggest you keep all of the rest of your comments in your other thread. That is the one with the background information. Thanks.

 

[globalgiant]

Most attorneys, however, will not put themselves in a position where their actions can draw the ire of the state board.

That is not saying much, given the standards that attorneys seem to be held too...

 

[quincy]

That is not saying much, given the standards that attorneys seem to be held too...

The standards include the potential for loss of their professional license, so I think it says a lot.

That said, and once again, no one here is going to second-guess your grandmother's attorney. If you are concerned about the attorney giving out financial information, you should review all facts with a malpractice lawyer in your area.

Good luck, globalgiant.

 

[tranquility]

Frankly, the prior thread was far more instructive. To ask the question without that context is ridiculous. Ridiculous. We have no power. Convincing us means nothing. Tell the whole truth and accept the consequences.

 

[OHRoadwarrior]

Part of the temp guardians duties presumably is to look out for their long term interests. If the guardian believes uncle is his likely successor, it is entirely reasonable he may divulge some financial information in the course of his duties. As you appear to attempting to manage this in the third person, information you present is questionable.

 

[globalgiant]

Frankly, the prior thread was far more instructive. To ask the question without that context is ridiculous. Ridiculous. We have no power. Convincing us means nothing. Tell the whole truth and accept the consequences.

The prior thread was a different question regarding an illegally obtained POA, and using that POA to break the law. The question and information I provided in this thread is pertaining to the question of disclosing personal financial information ONLY, which is why I chose to ONLY include select information relevant to this question. How is that "ridiculous"? And what does "tell the whole truth and accept the consequences" supposed to mean? I appreciate people taking the time to try and help, but I have to ask...with over 17,000 posts, how many of yours would actually be considered helpful??

 

[tranquility]

The prior thread was a different question regarding an illegally obtained POA, and using that POA to break the law. The question and information I provided in this thread is pertaining to the question of disclosing personal financial information ONLY, which is why I chose to ONLY include select information relevant to this question. How is that "ridiculous"? And what does "tell the whole truth and accept the consequences" supposed to mean? I appreciate people taking the time to try and help, but I have to ask...with over 17,000 posts, how many of yours would actually be considered helpful??

Many with knowledge like my posts. Those who want a certain result may not. The law takes into account all the facts. Those who want only the facts they think beneficial to their position lose against competent opponents.

Tell your story in the prior thread. That is the help you get. The fact you cannot pick and choose the facts you want.