Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using our forum. My name is ***** ***** I hope to assist you today.
I am sorry to learn about this situation.
While the bank did have the right to forward a potential concern to APS (this is a protected act), once the investigation returned a finding that there was no impropriety or misappropriation, the bank is obligated to release any and all funds as directed by either your mother, or her designated POA.
If they fail to do so they are violating the account holder's agreement.
You can file a complaint with them for failing to release funds at this time with the New Mexico Department of Regulation and Licensing: http://www.rld.state.nm.us/financialinstitutions/File_a_Complaint.aspx
The bank can hold the funds pending a resolution from APS.
Contact the APS worker and ask them to send an interim notice to the bank at a minimum releasing funds so that your mother has cash to pay her immediate bills.
Unfortunately, this is a "general information forum" only, and we cannot act as your attorney.
You will need a local attorney to provide you with specific advice or to act as your local referral if APS needs an attorney as counsel for this matter.
You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
You can send it to her, but I am not your attorney, and this isn't construed as legal counsel.
APS generally has their own legal counsel as well (usually the County Counsel's Office) that can advise them on these matters.
But really, all you are asking APS to do is to release funds to support your mother's basic needs pending the final resolution of their investigation - if failure to release such funds places her at risk (no food, rent becomes delinquent, etc.) this is a very specific and direct request which most departments will agree to.
Usually a probate attorney is going to have the most experience with APS issues (A probate attorney is a trusts and estates attorney that deals with litigation issues - so they appear in probate court, where most APS/Conservatorship matters are handled).