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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44179
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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How do you unfreeze a bank account that is in dispute? The

Customer Question

How do you unfreeze a bank account that is in dispute? The person disputing WAS power of attorney but isn't any longer. The money belongs to the donor.

I am doing this on my iPhone. I got disconnected but I have paid a deposit.
Submitted: 5 years ago.
Category: Australia Law
Expert:  Leon replied 5 years ago.
Good Evening,

can you give me a brief description of the dispute that resulted in the account being frozen?

Did the owner of the account request that the account be frozen?

You say the person who was power of attorney isn't any longer. Has the power of attorney been officially revoked in writing?

Customer: replied 5 years ago.
The former POA has been notified and it has been filed by the court in NZ. The bank account was/is my mothers but the former POA ,my sister, is now a co owner of the account as is her son. He is only 17. The only money that goes in to this account is my mothers. The bank, Auckland Savings Bank NZ has frozen the money because my nephew said over the phone that the account was in dispute. We, my mum & I were at the bank at the time.
Expert:  Leon replied 5 years ago.
Good Evening

How did they become co-owners?

Who placed their name on the account?

Customer: replied 5 years ago.
My mother added my sister.
I am not sure how my nephew was added but I imagine my sister had him added with my mum's signature.
Mum has trusted too many people.
Expert:  Leon replied 5 years ago.
Good Evening

If they are owners of the account they have the same power as your mum.

Unless they are removed from the account there is very little that can be done.

It will have to go back to the court and your mother will need to get orders that they be removed.

The bank will not unlock the account and be in a position of being sued for negligence by one of the account holders.

I hope this is of assistance and if so please click on the accept button.