Legal Question in Banking Law in Rhode Island

bank account quandary

My aunt takes my mother to the bank every month to deposit

her social security and pension checks. Last year I found

out that my aunt added her name to the passbook account. I

do not know why she did this and she will not remove it despite my repeated requests. She does not thinks its a big

deal. I think she may have ulterior motives and plans to leave it to her grandchildren when she dies. She is 87.

What can I do to get the money away from her? I was thinking

about transferring the money online to her checking account

and then putting it in another bank. I don't know how kosher

that would be. I was also thinking of getting power of attorney. Do I need the passbook to withdraw the money?

I would like to also add that my mother is not mentally

able to do these transactions by herself.

Thank you for any help you can furnish.


Asked on 6/04/04, 5:15 pm

1 Answer from Attorneys
Patricia Joyce Law Office of Patricia M. Joyce

Re: bank account quandary

Since you indicate that you mother is not mentally able to conduct such transactions by herself, she would not be able to give you a power of attorney. Is it possible that she named her sister as such in the past?

You do have the ability to petition the Probate Court in your city or town to have a Guardian appointed to protect your mother. She would need to be examined by a doctor (which could be her own primary physician) who would evaluate the state of her physical and mental health and her ability to make decisions.

Even if she has signed a Power of Attorney to your aunt, it may have been technically revoked upon her becoming incompetent. If it was "durable," it would continue to allow your aunt to make financial decisions on your mothers behalf --- but, if you have reason to believe decisions are not being made in your mother's best interest, you should hire an attorney to represent you in bringing a petition for guardianship and let the court decide who is the appropriate person to care for your mother.

I hope this information is helpful. Please feel free to contact me if I can be of further assistance.

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Answered on 6/05/04, 5:44 pm


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