Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

Canada Law

My dad put me joint on s bank account last year, fearing my

Customer Question
My dad put me joint...
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: 1 year ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 19 minutes by:
7/17/2016
Lawyer: Debra, Lawyer replied 1 year ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,801
Experience: Lawyer
Verified

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?

Ask Your Own Canada Law Question
Customer reply replied 1 year 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.
Lawyer: Debra, Lawyer replied 1 year 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?
Ask Your Own Canada Law Question
Customer reply replied 1 year 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 reply replied 1 year 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.
Lawyer: Debra, Lawyer replied 1 year 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?
Ask Your Own Canada Law Question
Customer reply replied 1 year 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 reply replied 1 year 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.
Lawyer: Debra, Lawyer replied 1 year 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.

Ask Your Own Canada Law Question
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,801
101,801 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

101,801 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

216 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
What does "I am not seized mean n an endorsement. Ontario,
what does "I am not seized mean n an endorsement JA: In what state did this occur? Customer: Ontario, canada JA: Have you talked to a lawyer yet? Customer: yes but I am attempting to reconfirm JA: Any… read more
Debra
Debra
Lawyer
101,801 satisfied customers
I have owned a home since 1995. My ex and I split up in 2008
Hello. My name is***** have owned a home since 1995. My ex and I split up in 2008 so my son bought him out by paying his half of the home's equity. In 2007 my son met a woman who shortly thereafter mo… read more
Debra
Debra
Lawyer
101,801 satisfied customers
Why does Service Canada require a Trustee form when I have a
Why does Service Canada require a Trustee form when I have a legal POA. I called my lawyer, and when I check on line it appears that the PO … read more
Debra
Debra
Lawyer
101,801 satisfied customers
My niece is 17 (18 end of August 2018). She is a good kid,
My niece is 17 (18 end of August 2018). She is a good kid, doesn't drink, smoke, do drugs, or have sexual activity, and is a very good student, currently apply to Universities. There was an altercatio… read more
Debra
Debra
Lawyer
101,801 satisfied customers
I have problem with my kitchen supplier. I made contract
I have problem with my kitchen supplier. I made contract with kitchens supplier. He bring and install different and were bad kitchen cabinets. I paid him 95% but he didn't finish install everything, but he want to pay in full without install complete. Kitchen is very bad quality and not same what I order. Please let me know what I should to do.Contract price for kitchen was $ 40,oko,oo … read more
Debra
Debra
Lawyer
101,801 satisfied customers
I have had someone in family charged with assault and have a
Hi I have had someone in family charged with assault and have a peace bond now against them , if I have the peace bond removed will that mean I am allowed contact with the person even tho they are sti… read more
Debra
Debra
Lawyer
101,801 satisfied customers
I am a former municipal councillor in a small rural
Hello Tom. I am a former municipal councillor in a small rural municipality in rural Northern Ontario. The current council does very little to communicate with residents. Monthly council meetings are,… read more
Debra
Debra
Lawyer
101,801 satisfied customers
I would like to know how to get rid illegally owned guns in
Hi, I would like to know how to get rid illegally owned guns in canada. … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,077 satisfied customers
My husband and I have been separated for 20 years. He is ill
My husband and I have been separated for 20 years. He is ill and wants to leave me his work pension. What are the ramifications of doing so … read more
Debra
Debra
Lawyer
101,801 satisfied customers
I just tried to apply for OSAP and I am restricted because
Hello I just tried to apply for OSAP and I am restricted because of CIBC claiming I owe them 9000 plus ( original federal portion 6000 plus interest) I am totally clear on the provincial loan and fede… read more
Debra
Debra
Lawyer
101,801 satisfied customers
I live in the Province of Ontario. The home that I live in
I live in the Province of Ontario. The home that I live in is registered in the name of my husband and myself JTWROS. There is no mortgage on the property. My husband has Alzheimer's disease and I han… read more
Debra
Debra
Lawyer
101,801 satisfied customers
My question is i got pulled over just find out my licence
my question is i got pulled over just find out my licence was suspended also my insurance registration was expire a few days prior am looking for someone to represent me … read more
CaptanLaw
CaptanLaw
Lawyer
Juris Doctor (Law Degree)
216 satisfied customers
In 2013, my wife inherited her mother's home upon her death
In 2013, my wife inherited her mother's home upon her death which we used as a rental property till 2016 when we moved in to become our family home. Is her inheritance of the house still an excluded p… read more
Debra
Debra
Lawyer
101,801 satisfied customers
How many months salary is given for every year of service? I
how many months salary is given for every year of service? I worked for 7 years. … read more
Debra
Debra
Lawyer
101,801 satisfied customers
My father is a Canadian citizen, and lives in Ontario. I was
My father is a Canadian citizen, and lives in Ontario. I was born in the USA and want to know how I can immigrate to Canada. … read more
Debra
Debra
Lawyer
101,801 satisfied customers
A neighbour has brought a frivolous claim in Small Debts
A neighbour has brought a frivolous claim in Small Debts court against us. We suspect this may be a pattern of his to obtain money. How can we find out if he has been involved in other small claims ac… read more
Debra
Debra
Lawyer
101,801 satisfied customers
What is senior abuse if a senior is not receiving any money
What is senior abuse if a senior is not receiving any money from his soninlaw and daughter from a farm that has revenue from cattle and oil revenue? … read more
Debra
Debra
Lawyer
101,801 satisfied customers
Our parents passed, father 3 yrs ago, mother 9 months ago,
Our parents passed, father 3 yrs ago, mother 9 months ago, my brother is the executor and my sister is co-executrix. I am not allowed to see the will except the one my mother had, which was only a sma… read more
Debra
Debra
Lawyer
101,801 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x