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Shanghaied in China: What to do?
I am an American citizen living in China. I wrote my adult daughter's name on my account in the event I became incapacitated while abroad. From time to time, both my children asked me for money. I would always contact my customer service rep via email requesting that she write a cashier's check, and my son or daughter would go into the bank and pick it up. I am unable to check my account online because of the Chinese firewall, but I never worried, as I had more than $30,000 in my account when I was at home this past December.
Recently my son asked for help and I sent an email to my customer service rep and was stunned to learn I had only $50 dollars left in my account. My daughter was going to the bank and writing checks to herself. I was told they thought I had approved this, but I had not. These checks were for thousands of dollars at a time. I asked why no one contacted me. I am now penniless and stuck in China! Neither of my children have contacted me for weeks! The customer service rep has not answered my last email which was sent four days ago. What do I do?
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 Although it may have been your intention that your daughter only have access if you became incapacitated, if you gave her joint ownership or authorized signer status on the account, there's no legal restriction on her access. In other words, the bank would be authorized to honor your daughter's signature without having to verify that you were incapacitated.
The agreement that your daughter would only use the account if you were unable to is an agreement between you and her. If she violated that agreement, the matter remains between you and her.
If, however, the bank only had your daughter listed on your account as having a power of attorney, and that power of attorney was worded so that it only springs into effect if you should become incapacitated (as certified by a physician, for example), the bank should not have permitted the transactions without evidence that you were incapacitated. Do you have a trusted attorney or other friend here in the States who can talk to your daughter in an attempt to restore some of the funds?
Published on BankingQuestions.com 8/27/09
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