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MaryDiane Asked January 2015

My name is on my Mom's bank account. How can I be sure that my creditors cannot demand this money?

I am having financial problems. This is my mother's money. I have never added to nor subtracted from this account.

Christine73 Jan 2015
A creditor cannot attach a bank account. I don't even think they have the authority, as a creditor, to look into your financials. You would be wise though to take your name off the account as owner, and change it to "authorized signer." that completely closes that door. Good luck.

surprise Jan 2015
If the account is a POA account, say, Mother Name, Other Adult Name, Power of Attorney, and you have to sign the checks as Other A. Name, POA, then the account is safe. If not, then get your name off the account and get mom in to sign a bank POA form so she can have you on her account the right way. Banks have a particular format for this and has to be done in person.

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Guestshopadmin Jan 2015
Talk to someone at the bank and find out how you are listed on the account. It depends on whether you are a co-owner on the account or merely an authorized signer. If you are a co-owner with rights of survivorship, this bank account is an asset of yours in the eyes of creditors. Most cash assets of yours can be attached if a creditor gets a judgment (especially the IRS) - get your documentation together to protect both you and your mother now. If you have not been making deposits to the account or written checks that benefited you personally, then you can make your case that it is a separate asset. Document, document. If you are having financial problems, it may be worth it to consult a legal aid attorney or consumer counseling service to help you develop a plan for your specific financial situation to protect your mom and sort yourself out.

JessieBelle Jan 2015
Are you on the account as a joint owner or as someone who is authorized to sign. If you are having financial difficulties yourself that might lead to creditors coming after you, I would recommend that you remove your name from the account if you are a joint owner. It may be putting your mother's money at risk... or at least put you in a position to have to prove that the money is not yours. I don't know what would happen if creditors actually tried to access that money. Maybe someone else will know something for sure.

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