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Home >> Special Situations >> Deceased Individuals
Recourse for Attempted Fraud
My grandfather had a caretaker who managed to make herself a POA on a few of his CDs and his checking account. On the day that my grandfather died, there were three $300 withdrawals from an ATM at the hospital, and on the following day his caretaker tried to cash a check as his POA for more than was in his account and also tried to cash the CDs. Fortunately, she mentioned that my grandfather had passed away, so the bank stopped the check and CDs from being cashed.
Is there anything that we can do about the ATM withdrawals - $2,100 was taken from the ATM at the hospital in the two weeks that he was there? Or is there any legal action we can take for her attempt to cash the check or CDs for fraudulent reasons?
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 The personal representative, executor or administrator, of your grandfather's estate can try to file a claim against the bank, that the ATM transactions were not authorized by your grandfather. Be prepared, however, for some reluctance by the bank to honor such a claim, since it has no way to discuss the claim with the your grandfather, to whom the card was issued.
As for the attempts to cash the check and the CDs, the estate representative can contact the police, but because the attempt wasn't successful, the police may not be able to do anything. If the caretaker worked for an agency, you can let it know of these problems. They won't want to knowingly be involved with a dishonest individual.
Published on BankingQuestions.com 3/04/08
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