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Is this a normal happening or a witch hunt? What should I do?

Forest Park, GA |

Despite personally handling my Grandfather's estate, and maintaining his new home as he succumbs to Alzheimers, our bank has convinced him to remove me from our joint account. I have a Durable Power of Attorney but haven't felt the need to enforce it. The bank knows of his mental state as he requested my involvement in these matters because of his mind, but still cornered him while I was securing a business deal out of town. I was immediately cut-off which resulted in him having to go back and reverse the matter. Now it has happened again and the bank is visiting our home regularly to put these ideas in his head. they report my spending but not my deposits, nor my efforts to pay the bills for the household.

Attorney Answers 4

  1. You cannot "enforce" a power of attorney. It gives you the right to act on his behalf until and unless he revokes consent, which he apparently has.

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  2. I agree with Attorney Ashman. As to your question, elder abuse is a huge problem that is beginning to get more and more attention The bank may have flagged your grandfather's account for one reason or another. To put things in the most charitable light, they are trying to protect him and make sure no one is taking advantage of him in a weakened condition. I would make sure you provide them with a copy of the POA. That may end the matter. If not, you may want to review this with a probate attorney. If they refuse to honor the POA, then you will need to consider guardianship/conservatorship. In such case, you will need an attorney to assist you.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  3. I agree with the others. They seem to be looking out for him and for some reason are going to extraordinary steps to do so. You may want to go and sit down with whoever is visiting him from the bank and have a conversation with them so that they know you are out for his best interests as well. The bank personnel are also looking to cover themselves in case there is a problem down the road. Open up a line of communication and don't think of this as something adversarial, as that will just lead to more problems. If you can't get anywhere with them and want to restrict their access, a guardianship of his person and property would allow you to keep them away from him and have full control of his finances subject to the supervision of the probate court.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  4. I agree with my colleagues. In this case, you might look into establishing a guardianship for your grandfather. He can revoke his POA at any time and the bank is trying to protect him. If all else fails, you made need court intervention via a guardianship to gain control for your grandfather's benefit.

    The above answer is for informational purposes only, does not represent legal advice, and in no way establishes an attorney-client relationship. This attorney is licensed in the state of Georgia. You should always consult with an attorney who is licensed in your state for state specific advice tied directly to your specific facts. All responses on this site are for general informational purposes only.