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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My sister is not on my moms checking acct &wote a check

Customer Question

My sister is not on my moms checking acct &wote a check signing my moms name with my moms consent because she can no longer sign & gave the check to senior helpers, they accepted the check knowing she was not on the account can I have her prosecuted
JA: What state are you in? It matters because laws vary by location.
Customer: Missouri
JA: Has anything been filed or reported?
Customer: Not yet, just found out about it
JA: Anything else you want the lawyer to know before I connect you?
Customer: I could have been contacted & I am on the account
Submitted: 4 months ago.
Category: Legal
Expert:  LegalPro54 replied 4 months ago.

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....

Customer: replied 4 months ago.
The bank says she isn't on the account & it is fraud - if what you are saying, it is okay everybody would do it -right?
Expert:  LegalPro54 replied 4 months ago.

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.