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.
Your father is the bank's POA?
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.
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.
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.
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.
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!