Ask a Lawyer and Get Answers to Your Legal Questions
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
If your mother consented to having your sister sign the check on her behalf, then this would not be an illegal act. Intent is what matters. Here, your mother intended to issue a check to this particular payee, and that is precisely what occurred. You being on the account would not change this. Your mother, as the account holder, has the right to issue checks from that account, and your sister did not break the law by acting on the instruction of your mother to sign the check.
If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....
It's not fraud because there was consent. Not just "anyone" could do it because not just anyone could get the consent of the account holder. The bot***** *****ne is that your mother intended to issue a check, and the check she intended to issue was issued. Therefore, no crime was committed. You can certainly report this to the police if you would like. However, I am rather certain they will not prosecute once they learn that your sister was carrying out your mother's intent, and merely engaged in the physical act of signing the check because your mother could not. That's not fraud.