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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98540
Experience:  Lawyer
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My dad put me joint on s bank account last year, fearing my

Customer Question

My dad put me joint on his bank account last year, fearing my sister would grab the money. She has now had the manager freeze all bank accounts of my mom and my dad, this includes the joint account we have had for a year. She served my brother with papers to remove him as POA of my 90 yr old mother. So she could get access to the accounts. Is this legal?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Are either of your parents mentally competent?

When you say she served him with papers what exactly was she serving and were you served as well?

What province are you in please?

Customer: replied 9 months ago.
My dad has to go for a competency test as per the bank. My brother's POA for oyr morher was removed because our sister took her to a lawyer to become her POA. Ans tgey seem to think she is competent despite what the social worker sees. My brother was just told he lost his because for our Dad because he declared bankruptcy in September and you can not be POA over anyone if you are bankrupt.
No I have not been served with anything was just told our account was frozen. My dad was fully competent when he put me on his account. He was living in assisted living at the time.
I am in B.C.
My dad is very stressed over this situation as my sister bullies him.
Expert:  Debra replied 9 months ago.
Are you saying that when your mother signed the POA she was no longer competent?Would you like to be able to take over for your sister and be responsible for your parents?
Customer: replied 9 months ago.
Well their lawyer seemed to think my mother was competent.
My concern is weather they can freeze the account I share with my Dad.
He may no longer be competent and no POA for him at this time.
Customer: replied 9 months ago.
He was competent when he put me on his account. I am not sure if my mom Is competent. The social worker does not think she is.
Expert:  Debra replied 9 months ago.
The bank will absolutely freeze am account if there is any question of impropriety. It is being alleged that you do not own that account but that your name is ***** ***** to assist your father. It may also be alleged that you are taking the funds unlawfully.If you want to put an end to all of this then what you would need to do is apply to the court for an order declaring your parents to be incompetent and appointing you as their legal guardian.If that happens then any POA is void and you would be the sole decision-maker about your parents' care and about your parents' finances.Does that help as a starting point?
Customer: replied 9 months ago.
Well it is interesting... the account was only in my dad's name until he added me.
The money has not been touched in the past year it has been joined. It was simply to protect it from my sister.
What will need to happen to have it released?
And if my dad is declared incompetent now will that account stay in my name as it was done a year ago?
Customer: replied 9 months ago.
My Mom...sister were not attached to that account. How do I proceed if Mom is considered competent?
What steps are required to stop my sister from harassing my dad.
Expert:  Debra replied 9 months ago.

You will have to be your father's legal guardian before it will be released.

The account will not stay in your name unless you become his legal guardian. The money is not your money so there is no way to prove you are entitled to it.

To protect your dad you have to become his legal guardian.

If your mother is competent she makes decisions for herself, but not for your dad.

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