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#26231 - 11/13/09 10:17 AM third party endosement and POA
aquarias2
Unregistered


here's godd one. pretty lengthy so sorry, but the details of this issue require it. one year ago i used my durable power of attorney to close my mothers bank account. she has alzheimers disease and emphyzema and could no longer handle her financial affairs. several credit card companies unbeknownst to my famnily had extended over $20,000 in credit to my nother who is 79. when i closed her account at the bank i informed the bank of my mothers situation. the bank allowed me to then open a new account in my name only. they informed me there is no problem with me doing this and depositng my mom's social security check into this account in my name as long as my mothere properly endorsed the social security checks. keep in mind my mom's name is not on the account i opened. i am attemtping to protect her from the creditors and herself, and made this quite clear to the bank officers. well, afer a year of deposting my mothers checks a new teller questioned my abiltiy to deposit her check into my account, even though it is ednorsed by my mother. i informed the teller i had been doing this for a year with the permission of the bank and 2 bank officers had helped me close my mom's account and open this account in my name only. one of the officers who had originally helped me was availabe so the teller summoned her to the window to discuss. she did not recall my being in the bank a year ago with my lawyer and the POA papers i had shown her. i reminded her she had even copied several pages of the POA document to keep in the bank files. they relented and said they would allow me to make the current deposit as long as i signed my nam as POA on the check. no problem there. but they want me to bring my POA papers back to the bank and are going to look in to making me add my mother to the account all of a sudden. my question is this? can the bank after all this time, being aware of this situation from the beginning and agreeing to this, arbitrarily refuse to deposit my mothers checks into this account after over a year of accepting them for deposit with no problem. and like i said, i thouroughly and honestly discussed this situaion with two different bank officers when opening the account and they allowed me to do it wihtout adding my mother to the account at the time of opening the account a year ago. i have actually built up my mothers funds in the past year after taking over her finanical affairs.

thank you for any advice you can offer.

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#26269 - 11/16/09 05:18 PM Re: third party endosement and POA [Re: Anonymous]
Assoc Editor Administrator Offline
Power Poster

Registered: 12/09/08
Posts: 4893
Loc: Massachusetts
The bank is in control of the situation. It can refuse to accept any check for deposit to an account, its past willingness to accept such checks notwithstanding. Candidly, if you believe that the creditors should not have a legal right to collect from your mother based on a belief that she was incompetent to know what she was agreeing to, you need to talk to an attorney, rather than trying to use subterfuge to hide her meager funds from those creditors.

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#26279 - 11/17/09 01:01 PM Re: third party endosement and POA [Re: Assoc Editor]
Anonymous
Unregistered


thanks for the advice....actually, i did this on advice from attorney...he suggested we close her account rather than attempt to go thru banruptcy court...the new bankruptcy laws have a crazy loop hole that literally leaves alzheimers patients in legal limbo when it comes to bankruptcy...it's is a devastating catch 22 that literally keeps alzheimrs patients financially exposed due to their incompetecne...however,you can defend them outside of bankrutcy court and in a regular court based on incompetence if it becomes necessary...but bankruptcy is no go...

thanks for you reply.

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