I live with my daughter in TX. I've lived here for almost five years. I have a daughter and son that live in Philadelphia. My daughter in Philadelphia was my POA on an acct but, I closed that acct and opened up a new one with just my name on it. My daughter I live with is now my POA and helps me with my bills when needed. I had her name put on a new DPA and my other two children came next.
Recently, I had a stroke and have been in the hospital and now rehab. My daughter just told me, my savings has been removed into another account and was done through the my bank in Philly by my daughter and she used POA to do it. The bank in Philadelphia does not have a branch in TX.
I haven't yet called the bank due to it's a weekend to find out if the acct she deposited the funds to has my name on it, along with hers. She did this without asking me and I am capable of making my own choices.
The bank shouldn't have allowed her to do this without my consent.
It happened 10 days ago and she has not called to tell me anything. My daughter that I live with doesn't want to have anything to do with it and feels at this point she just needs to focus on my health and getting me back on my feet. She does not trust her sister at this point because her sister has lied to her. She did contact our Elder lawyer and left a message.
Should I call my daughter in Philly or wait to speak to my lawyer on Monday?
I’m in RI and my sibling did that to my mother’s account and even though the original account had my name also they told me any one of the account holders could close it without the other’s signatures
I think the problem here is that you made ANOTHER daughter your POA.
This would remove POA from the first daughter, but if her name is on an account and she has POA papers, how is the bank to know there is a new POA.
When you create a new POA it is crucial that you take the name of the prior one off all accounts, let the entities the OTHER POA was listed as having legal rights to function know that she is no longer the POA and provide the name of the NEW POA.
This is a muddy mess now.
A lawyer can see you in hospital. It is crucial that you write a document, if it isn't already in the CURRENT POA's document, that prior POAs are no longer to function as POA.
If you current daughter has a good POA document that DOES say the prior POA is not eligible to function, the SHE can address all of this. Will need to do it in person. Will need to be able to reach you in hospital.
As said, this can be a mess. It is looking as though you have two daughters functioning now as POA. You can also write out a check, or your current POA daughter can, removing all funds from the prior account and depositing into the current account with your new POA on that account.
Do know that ALL POAs must keep meticulous records of every penny into all your accounts and every penny OUT of them for bill paying, transfers of funds and so on.
Speak with your attorney. Ask your ATTORNEY to contact the daughter who still thinks she is POA (but is not) to inform her that she is not and may be acting fraudulently. I can't even know if the first POA daughter is AWARE that there is now another acting for you?
Good luck.
I am sorry you are having to deal with this as you work to recover from your stroke. I sure hope there is a reasonable explanation although it’s hard to imagine what that could be.
Call her, tell her it just came to your attention that she has withdrawn from a Savings acct that she was not authorized to touch. That she is to send you a certified check in the amount of money that was withdrawn. (If she didn't close your old acct, she can put it back) That you will be calling the bank because her POA only gave her the ability to pay your bills from the previous acct, not tranfer money to her acct from the new acct. You are not incompetent and can handle ur own affairs at this time.
Please come back and tell us how it all worked out.
Don’t tell us it’s the bank’s fault: the bank was lied to.
In any case, i would have a convo with the lawyer to switch the poa to a springing type where you have to be incompetent first. And then tell Philadelphia daughter that as she stole, she can enjoy her inheritance as that’ll be all of it she’s ever getting.