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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My Mom has a checking account that my sister and I have access

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My Mom has a checking account that my sister and I have access to help her pay bills etc. Recently I (the son) transferred about $1500 from her account to mine so I could pay bills. I will pay this money back with severance checks I will be getting soon. My sister was upset with me and went to the bank to open different accounts. Also my Mom let me use a credit card from the same bank and I was an authorized user. I paid the bill each month. Now my sister said the bank might file elderly abuse charges against me. I love my Mom very much and would not want to hurt her in any way. She has dementia and my sister and I have been taking care of her for the past year. Am I in trouble here and if so what possible actions could be taken against me? I have never been in trouble before and I am worried about what might happen. Thanks

Chris T., JD :

Good evening. I'll be assisting you with your question.

Chris T., JD :

There are a couple of options here, but if you transferred money from her to your account, there could be issues. The question here is whether you had the authority to do so without the consent of your mother or sister.

Chris T., JD and other Family Law Specialists are ready to help you
If a judge were to find that you did not have the legal authority to make the transfer, you could be sued by your mother, or, as a worst case scenario, be arrested for theft. The fact that you intended to pay the money back is the important question. The moment the money was taken, you've broken the law (assuming you don't have the authority). However, since you are on the account and have been given the right to transfer money, you have an argument that you have the authority to move her money as you see fit. For example, if you intended to pay her back with interest, it could be a wise investment on her part.