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emcgruder12 Asked May 2021

Does anyone have an Attorney to deal with BankPlus in Mississippi? They refused to honor my Mom's POA.

I've been working with them for over a month. 1st all they requested was a POA - then they requested a letter from her Doctor - Then they wanted something from the Social Security ADMIN. All provided - then they came back and said since my brother was added to the account in 2019 - they couldn't share any info about the account. My mom was diagnosed in 2017 with Dementia - and I wasn't aware my brother was added to her account til Medicaid turned us down for financial assistance. He never disclosed that info. Anyway, as her agent and payee representative - I need find the history of the account. My brother claims he knows nothing about it and refuses to contact the bank or get involved. As her Agent -I would think I would have same access she would on the account.

AlvaDeer May 2021
I think that, sadly, the bank is doing their job. Unfortunately your mother added your brother to this account. When she dies it is fully his account, and for all intent purpose, if he co-owns this as joint bank account, there isn't a thing on earth that can now be done about this, no matter what the intentions once were as your Mom is no longer of sound mind. If you are representative payee and you have the letter from SS you can transfer now your Mom's social security to go automatically into an account in her name with you as POA. There is nothing else that you can do. It would be as though I am my partner had a joint account and one of his children waved about a POA and said they wanted control over his account, when in fact it is his and MINE. So sorry this happened. Be certain her SS doesn't go into that. I have dealt with POA and Trustee of Trust and SS and IRS for my brother. Al was neat and tidy but it is a pain even at THAT, and you sure do have my sympathy. Sounds like your brother is being uncooperative in this.

igloo572 May 2021
What part of the state? I’m guessing it’s not coastal as it’s all Regions, Peep’s or H/W along the i10. So where?
&
more importantly, is the POA “springing”? Look carefully at the exact wording on it to see if it needs an additional document for it to “spring” into action & ability to be used.
AlvaDeer May 2021
Igloo, I think it doesn't matter where, if the brother is joint on this account with his Mom. I think in that case she will not be able to access funds, but better make certain none of Mom's social security is put in this account. The bank won't be able to say "this portion of the money is Mom's and this is son's". Seems she has all her paperwork for diagnosis and so on even if this is DPOA. The problem is that, when well, the Mom put her son's name on this account and now it is his and hers. Yikes. I wish her luck.

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Geaton777 May 2021
PoA gets sticky with banks due to fraud and abuse issues. Banks often have their own PoA requirements. Just last month I was visiting my 2 very elderly aunts in FL for whom I am PoA. One is 102 and can barely walk, the other is 99 with advanced dementia and can't walk on her own. My non-demented aunt wanted to add me to their joint bank account and the bank (PNC) said it couldn't happen without all 3 of us physically going to the bank with 2 forms of ID each. Even my aunt with dementia, who would have no idea what's going on. Nonetheless we all went and it was a poop show but it got done.

I believe your brother could not have been added to your mom's account without him being physically present to do so. I'm not sure if the bank can show you the paperwork he would have needed to fill out when he was added. I think every bank's protocol and requirements differ, but they err on the side of extreme caution because in the end, they are liable. Whether you need to consult with an attorney to move forward due to your brother's lack of cooperation is probably a necessary thing. You will need to look online or post a ISO request on Nextdoor.com to find an appropriate attorney for your area.

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