Wells Fargo Bank NA vs Jose A Barrera

| *Not calculated, but easily totals several thousand dollars. | Resolution of Disc. no. 2 after review of Supplement: It is recommended the court find the CCSB, LLC and transfers to Jeanie unsubstantiated and unsupported by proper receipts and surcharge the total against the conservator. The duty to keep adequate records of the conservatorship estate is outlined in detail in the Handbook for Conservators, that Conservator acknowledged receipt of on August 26, 2024. According to that publication: If you reimburse yourself for expenses paid from your own funds, describe to whom you paid the funds on behalf of the conservatee, the amount of each expenditure, and what good or service was purchased for the conservatee.

You must obtain and retain receipts for all of these expenditures and organize them so you can retrieve them if you are required to show them to the court. (Handbk. Of Constrs. at p. 5-66.) Discrepancy no. 3 - Petitioner spent $12,592.20 on groceries and $1,485.49 on restaurants for the accounting period. This is excessive for one person and indicates the conservator is using the estate to provide food for more than just the conservatee. Several of the restaurant charges show the purchase was for more than one person.

According to the USDA Food Plans, the Cost of Food for one person during the accounting period is $233-258 per month. (https://www.fns.usda.gov/cnpp/usda-food-plans-cost-food-monthly-reports) This means the amount the conservator exceeded the cost of food for the Conservatee by 3 times the recommended budget ($4,291.40). Supplement should explain why this occurred, and how the conservator plans to remedy this issue in the future. Resolution of Disc. no. 3 after review of Supplement: It is recommended the court find this discrepancy resolved, but warn the Conservator that any future failures to account for an appropriate food expenditure will be surcharged against the conservator.

Discrepancy no. 4 - Title on account does not reflect the conservatorship. (CRC 7.1059 (b)(7).) The account is currently held in joint tenancy between the Conservator and Conservatee. The Account must be held in care of the Conservatee only. Supplement must show that title to the account was changed to reflect being held in the name of the conservatorship (e.g. Jeannie Zoppo, Conservator of; Jeannie Zoppo in care of Liliana Gonzalez, Conservatee, etc.) Resolution of Disc. no. 4 after review of Supplement: It is recommended the court find this matter unresolved.

The Supplement alleges remediation of the issue by referring to an attached account statement reflecting the change in the name of the account, but does not attach that statement to the Supplement.

Tentative Ruling: Wells Fargo Bank NA vs Jose A Barrera Tentative Ruling: Wells Fargo Bank NA vs Jose A Barrera Case Number