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

Asked about 1 year ago - 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. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . 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.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Robert M. Gardner Jr.

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  3. Deborah Antonette Stewart

    Pro

    Contributor Level 10

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    Lawyers agree

    Answered . 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... more
  4. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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. ******... more

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