Follow
Share

I have a DPOA and it states specifically Sun Trust bank signed 2007. The bank made my father their POA. they said he removed me in 2008. They wrote a letter stating the only way I can be removed was in writing. I asked to see the letter however they won't supply it. They also told me he did it over the phone. Now he needs his five years of bank statements for medicaid and they won't supply them to me. They have been jerking me around for months. Now they have told me to go to court for the records. I have till the end of this month to supply these records for review or we will be sued by the nursing he use to be in. Can they do this to us.

This question has been closed for answers. Ask a New Question.
Launcha - just as an fyi, for my mom's application she had to provide for 3 years & 6 months of all financials. I had the hard copy of all her bank statements and luckily she had condensed everything to just 1 bank outside of the 5 year look back. But those bank statements weren't enough for Medicaid. I had to go to the bank and get a bank officer to do a close-out / transfer statement as to the status on every CD, Tbill, account that was closed etc that mom had and where the proceeds went for the 3 yr & 6 months prior. Fortunately they all went into her main checking account as they expired, so she was good on that. But I feel there would have had a transfer penalty inquiry if that had not been the case. So if you think there could be a future issue on all this, make nice with the bank VP as you may need him if Medicaid requests additional documentation. My mom's bank did it all for free & I was there almost a whole morning but she had been a good customer in the past and she still has her checking account which gets her SS and retirement (I pay the NH her monthly co-pay from this account, the NH does not get any of her income directly).
Helpful Answer (0)
Report

Launcha - you at home do 2 things:
1. find out the name, address & fax number of a senior VP at the bank. Faxes are legal instruments and they cannot ignore a fax.
2. do a letter from your father requesting that they (the bank) provide the records (bank statements, etc) for the years (whatever Medicaid wants). State in the letter that they (bank name) has uncooperative in providing these documents in a timely manner now since December (or whenever you first went to the bank to get them) when my appointed DPOA went on my request to get these documents. Stress that these documents are due in 3 days (2/28).Make sure you put your dad's full name and SS # and bank account numbers on the letter.

You print out a couple of copies and you go over to the NH and get dad to sign off the letter and then go to the NH business office and fax it over to a bank VP. I would also go to a Kinko's/Fed Ex office store and fax it too IF the NH fax system does not print a transmission report (that shows the date & time sent & received)

I bet SunTrust is viewing the POA as a "springing" POA and will not do anything because of this. I've heard that Regions bank in my area also finds all POA's to be "springing". For even more fun, SunTrust may charge you a research fee for doing this too and for xeroxing. You may want to ask the bank VP to provide a letter stating that they (the bank) are getting the documents done so you have something to submit to Medicaid & to the NH also to buy some time. Good luck!
Helpful Answer (0)
Report

If your father is mentally competent he can request his own bank statements. I would def get an attorney to help you get this straightened out Something is not right,,,,
Helpful Answer (1)
Report

I agree. (not that Captain is an idiot. That PStegman's advice sounds like a good move).

Isn't this infuriating, though? The NH wants the money. Medicaid wants proof that your father is entitled. The bank holds the records. And do the three of them put their heads together? No. They'd much rather have you running around on the hamster wheel. It's enough to make you spit.
Helpful Answer (2)
Report

i like stegmans advice. im an idiot about legal matters but her advice sounds good to me.
Helpful Answer (0)
Report

And if they changed POA over the phone, they would certainly release his statements by phone. What if he calls the bank, with your present, and he authorizes them to talk with you. We have had to do something like that several times.
Helpful Answer (1)
Report

Is your father competent enough to request those records? The bank cannot deny his request!
Helpful Answer (2)
Report

My father assigned me as his POA at Sun trust Bank In person( The banks POA) POA) They would not accept a durable POA which we already had other than theirs. The bank stated he had me removed as his POA one year later. They then told me this was done over the phone. Shortly thereafter they I was suspended as his POA until they had it in writing from him. They will not produce his written revocation. They say it was just done. I don't believe they have one written by them. I presented a his durable POA (I am his POA) which is in effect to them. They will not honor it. Saying it is not theirs. They told me I had to go to court for guardianship. I told them this is costly and timely. I only need his bank statements to give to Medicaid. I have until the 28th of Feb. 2014 to produce these bank statements. I just need the bank statements. The rehab facility where he is being treated for ulcers which he suffered at another facility has threatened to sue unless I turn in all of the documents required for Medicaid. He is now on medicare. My father has signed a release for the medicaid records and I gave it to the bank. They still wont release his bank statements so he can qualify. Thank you
Helpful Answer (0)
Report

Banks don't do things over the phone. They always need to have paper trail. When you go online, you're leaving an electronic trail. You sign in. If you need to transfer funds, you need to follow the steps to do so.

The company I work for has a bank that has several branches. We always went to the bank closest to us for like 20 years. One day, I decided to stop at another branch that was on the way to lunch. I made the deposit. When I tried to cash the "petty cash" reimbursement check for work, the teller went to the back and called the office. They asked the boss to verify me and the transaction And The Exact Amount I was cashing. Again, Paper Trail to protect their butts.

When I was reconciling father's bank accounts and found a withdrawal that was from off-island, he called the bank. The lady told him to please come to the bank. Now, this is the most advanced bank on island. All the other banks require that we sign a deposit or withdrawal slip. This bank photocopies your ID and loads it into your account. All I have to do is walk up to the teller and deposit the check or withdraw money just by telling the teller. I don't fill out a bank slip or show my ID to withdraw cash...because my photo pops up. Whatever transaction I do, their computer prints out the transaction And right below it, I sign it.

When I wanted to add my sister's name into my bank accounts, they wanted both of us to come in. As the account holder, I needed to fill out the form to include her in it. She needed to provide her ID and sign the form too.

What I'm trying to say is that banks always, ALWAYS must have paper trail. Anything different, and they want you to come in and do the paper work and SIGN the document. Something sounds off about the bank saying that they did this transaction over the phone. If your father was going to delete someone out of the account, he would still need to go in and 're-do a new form to show only his name and the agreement with the bank. And HE MUST SIGN IT.

I'd see a lawyer ASAP. There really must be a reason why they gave you a deadline.
Helpful Answer (2)
Report

You have your father sign a release for the records for the purpose of applying for Medicaid. The NH can help get this done.
Helpful Answer (2)
Report

I think you mean the bank says they're your father's POA, is that right? The way you've written it, it sounds pretty shady.

I'd be talking to an attorney. Oftentimes having an attorney contact someone can shake things loose. I'm sorry you're having to go through this.
Helpful Answer (0)
Report

I am my father's POA at the bank
Helpful Answer (0)
Report

You need an attorney pronto! Sun Trust had their own form it sounds like rather than your dad being their POA. So, do you have any idea who the POA is?

You should first call Adult Protective Services in your county to report what you think you know. They have three days to begin an investigation, at least that is the case in this area. You could also call your local Agency on Aging, usually in with the Council of Governments, they can direct you to all sorts of resources. Police are rarely able to assist in these matters.

To find an attorney, check out the web site AVVO. You can pose questions, receive answers, at no charge, and also see attorney ratings by clients and peers.
Helpful Answer (1)
Report

The bank insisted on he signing their POA. However this was allegedly revoked by my father. They at the bank told me this was done over the phone. I have a durable POA outside of the bank. I want to see how this revocation occurred. I don't believe they have any paper work that will substantiate their claim. They will not honor my Durable POA nor will they tell me how their revocation actually occurred. We will be sued if we don't get the bank records in by FEB. 28th.
Helpful Answer (0)
Report

Launcha-
Your father is the bank's POA?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.