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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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my 90 year old father was allowed to withdraw a large sum of

Resolved Question:

my 90 year old father was allowed to withdraw a large sum of money (100,000.00) from his account (of which i have POA) and the bank never notified me. my sister went to that same bank with a out of sequence check to cash for 300.00 and also tried to get a debit card on his account and the bank called me. the bank is the Union Bank in Los Angeles California. Did the bank have a Fiduciary responsibility to notify me.
Submitted: 5 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 5 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

The Power of Attorney gives you the legal authority to act on your father's behalf.

J.Hazelbaker :

However, it does not replace your father's right to act on his own behalf as well.

J.Hazelbaker :

More specifically, it does not require the bank to notify you, should your father engage in transactions using his account.

Customer:

so what you are saying is that i have no recourse against the bank

J.Hazelbaker :

An out of sequence check, by itself, is not grounds for dishonoring the check, as long as there is not other indication of impropriety.

J.Hazelbaker :

Correct, you have no recourse (or liability) as PoA to challenge your father's withdrawal as long as he was authorized under the account.

J.Hazelbaker :

Obviously, the debit card is improper and you could take action, had one been issued to your sister.

Customer:

I asked the last attorney point blank did he think i had a case and he never said no. no debit card was issued. I just thought it was strange that the bank would contact me on one matter and not the other.

J.Hazelbaker :

It is strange. My guess is that they checked your father's ID and since he was who he says he is and his name is XXXXX XXXXX account, they went through with the withdrawal. As they were obligated to do.

J.Hazelbaker :

But,

J.Hazelbaker :

when something improper occurred, they moved to contact the account holder and found you listed as PoA and called.

Customer:

thank you for your prompt response.......

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