Short answer. Yes. On complaint of the guardian, the ward, or anyone with an actual or prospective interest as creditor, heir, or otherwise, Rule 96, Section 6 lets the court cite the suspected person to appear for examination and issue orders securing the estate against embezzlement, concealment, or conveyance.
What the law says
Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the estate of the ward as creditor, heir, or otherwise, that anyone is suspected of having embezzled, concealed, or conveyed away any money, goods, or interest, or a written instrument, belonging to the ward or his estate, the court may cite the suspected person to appear for examination touching such money, goods, interest, or instrument, and make such orders as will secure the estate against such embezzlement, concealment or conveyance.
Rule 96, Section 6 — Proceedings when person suspected of embezzling or concealing property of ward. Read the full provision →
Who can bring the complaint
Standing extends to the guardian or ward, or of any person having actual or prospective interest in the estate of the ward as creditor, heir, or otherwise — a broad category that reaches beyond the guardian and ward themselves. A relative who is merely curious, with no creditor, heir, or other property interest in the ward's estate, does not qualify to file this complaint on their own; the interest must be actual or at least prospective, tied to what the ward's estate stands to gain or lose.
What triggers the mechanism
The complaint must involve suspicion that someone has embezzled, concealed, or conveyed away any money, goods, or interest, or a written instrument, belonging to the ward or his estate — property being hidden or diverted before it ever reaches the guardian's inventory fits squarely within this. The rule does not require proof at the outset, only suspicion — the examination itself is the tool for finding out whether cash, jewelry, or other estate property was in fact taken or hidden, which is precisely the situation of a relative moving assets before an inventory is made.
A targeted examination, not a full lawsuit
On such a complaint, the court may cite the suspected person to appear for examination touching such money, goods, interest, or instrument, a focused inquiry procedure rather than requiring a separate civil action to be filed first. This examination is summary in nature: the suspected relative is brought before the court and questioned under oath about the specific property, without the pleadings, discovery, and trial that an ordinary civil suit for recovery would otherwise demand, which makes it a faster first step.
Protective orders that follow
Beyond questioning the suspected person, the court may make such orders as will secure the estate against such embezzlement, concealment or conveyance, aimed at recovering or protecting the property, not simply establishing what happened. Those orders can include directing the surrender of the specific cash, jewelry, or other property to the guardian, or restraining the suspected relative from disposing of it further, so the remedy does more than expose wrongdoing — it works to actually get the ward's property back.
Related provisions
- Rule 96, Section 6 — Proceedings when person suspected of embezzling or concealing property of ward
- Rule 96, Section 5 — Guardian may be authorized to join in partition proceedings after hearing
- Rule 96, Section 7 — Inventories and accounts of guardians, and appraisement of estates