Michelle Cohen is petrified about her upcoming court hearing. For weeks, she's been frantically calling attorneys in hopes of preventing a decision she fears will change her life. A bank is asking a court to appoint a guardian for Cohen, who is mentally ill and who has a trust fund at the bank. But what Cohen wants is to be left alone. To live how and where she pleases. To spend her trust fund money on whatever she wants. To be like other people – those without a mental illness.
"I'm fully competent to handle my own affairs," said Cohen, a Dallas resident who turns 41 this month. "Nothing good will happen if I have a guardian. I'll probably wind up in a group home. I have a lot to fear about that."
American National Bank, which oversees the Henrietta Neufeld Cohen Trust, believes this is a case where it is warranted, filing for a limited permanent guardianship of Cohen and the estate last June.
At one point, the trust left to Cohen by her paternal grandmother was worth nearly half a million dollars. But when the Flower Mound branch of American National took it over last January from Wachovia, the account had dwindled to about $135,000. The balance is roughly $50,000 now, according to trust accounting records. The bank has been responsible for spending a portion of that in its attempt to have a guardian named.
After delays last fall, the case is now scheduled to be heard Tuesday by Judge Don Windle in Denton County probate court.
Since American National took over the account, records show the money has been mostly spent on the lawyers Cohen hired, lawyers the bank hired, extended-stay hotels, personal items and other living expenses.
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Dallas Woman Fights For Control After Bank Asks Court to Appoint Guardian
A person should not have to spend their savings defending themselves from a take over attempt.
ReplyDeleteBanks love handling guardianships so they can liquidate all investments that aren't a part of their bank and then reinvest the money in their bank - low maintenance, low returns. But, profits for the bank.
ReplyDeleteWell, we don't know if Michelle Cohen is competent or not because we don't know her. But, she appears competent in this story and she's right, the money belongs to her and she should be able to do with it what she wants.
ReplyDeleteMany people have "mid life crisis" - men go and buy boats they can't afford or really need - or fancy cars. Are we going to guardianize them for doing that?
I believe American National Bank sees an opportunity and smells money. That's their interest, not Michelle Cohen.
ReplyDeleteLimited permanent guardianship? Ha! They just want to control the money and benefit from it.
ReplyDeleteBeing mentally ill doesn't mean a person is incompetent. Much mental illness is controlled now.
ReplyDeleteI don't blame Michelle and I agree with her, if the bank gets guardianship, she'll likely go into a group home.
JUDGE DON WINDLE?????????
ReplyDeleteAs in SWINDLE WINDLE? Oh Michelle, we are praying for you.
Thoughts - Are the people who:
ReplyDelete1) filed for bankruptcy
2) were evicted from their homes
candidates to be guardianized?
American National Bank should be court-ordered to re-pay the trust the money its spent trying to get guardianship of Cohen. Did the court authorize the trust money to be spent this way? This smells like manure.
ReplyDeleteI hope she finds and joins NASGA.
ReplyDeletethe system is rigged criminal activities going on here guardians win ward loses all
ReplyDeleteCROOKS!
ReplyDeleteDid the bank petition the court to be appointed guardian to cover their behinds, so Cohen would not have any rights to retain a lawyer or anyone to force an audit of the trust fund to track the money?
ReplyDelete