Follow
Share

Do I write my name under hers? Is that legal?

This question has been closed for answers. Ask a New Question.
.. because that was her question, right. ? Wow
Helpful Answer (0)
Report

If not already Doctored for it, I would question the hand shaking. Parkinsons starts this way. There is medication for it.
Helpful Answer (0)
Report

If you are joint on er checking acct then u can sign. I like where the person says u can sign if Mom OKs it. But, check with her bank. See how they suggest to go about it. If Mom is OK mind wise, then I would have my name put on all her accts. I would also get a POA for financial and medical while Mom is of "sound mind". People can go downhill overnight. POA does not mean you are responsible for her bills or debts. And no one can come after u for payment, they may try but ur not responsible. It just gives u the financial freedom to help her. Its a tool that will make your life easier. My Moms medical POA was written like a living will. So I know exactly what she wants. I would also set up with any accounts she has for utilities and insurance that u be notified if payments r not being made.
Helpful Answer (0)
Report

Has she seen a doctor to see if she has Essential Tremors? While it is not curable it is definitely treatable. There are medications, aids and things that help to steady hands. If she is having trouble writing she is probably having trouble eating and drinking. You may be able to help her best by helping her to get her tremors under control.
Helpful Answer (1)
Report

My lawyer told me that it is never legal to sign someone else's name. You need to either be added to the account so that you can sign your own name, or become POA, in which case you sign like this: (your name) as POA for (your mom's name).
Helpful Answer (1)
Report

It appears it would be best simply to ask the bank and let the people there suggest the best option.
Helpful Answer (1)
Report

Has she seen a doctor about her shaking? Essential tremors is a relatively common condition as we age. It is not life-threatening but it can impact someone's life such as not being able to write clearly, not being able to hold a glass or even eating. It can generally be controlled with medications or even with different devices. I'd want my mom to maintain her independence before exploring legal options.
Helpful Answer (1)
Report

My mother can still sign her name although it is becoming a bit shaky now. However, after my dad died a few years ago, mom and I went to her bank and added me to her checking account as a signer for when that time comes that she can no longer sign herself. We also took the time to add me to her savings accounts at her credit unions so that I can get money for her if needed. She lives with me and doesn't get out much now, so this has helped immensely if she needs money from her savings, which isn't often. I hope this helps.
Helpful Answer (1)
Report

When I was made power of attorney for two friends of mine, we had the forms notarized at their bank. When I sign their checks, I used my name and add POA after it. The bank people were delighted someone was finally helping them as they could not keep anything straight anymore and were constantly calling to see how much money they had. (They had a lot, but never balanced the checkbook.) I monitored their statements online to watch how they spent their money to make sure they weren't getting scammed somehow. When they had to go to a memory care apartment, I simply took over everything and kept the checkbook and bank stuff at my house. It was a simple process and has worked well. Good luck on this process. I was fortunate to receive good (free) advice every step of the way.
Helpful Answer (0)
Report

My mom made me joint owner before she got so bad. We talked about the day she may be in long term care or rehab and need someone to take care of her affairs. A year ago we visited an agency on aging and I am her POA and requested her dividends be direct deposited instead of re invested. They DID require HER signature. It looked like a scribble, but it is her, and I had to sign as well as her POA.
Helpful Answer (0)
Report

Thanks for the advice. Much appreciated.
Helpful Answer (0)
Report

A better alternative is to keep your hand off her checkbook and sign her up for auto bill pay, this is done through her bank. Write down her login info and help her sign in and said all her bills up from her end only. You need the name of each person you pay called a payee, and account number and in some cases you can make one up, there a phone number, and the amount. You then set the date for each bill to come out, set it and forget it. If any of your bills fluctuate, you go in each month and adjust the amount accordingly. This will make it easier when your mom doesn't feel like going out or you all would just rather be doing other things on payday. Winter will definitely be a good time to have online auto bill pay because so many people either can't or won't go out. This is where auto bill pay comes in handy. It's also a good idea not to carry cash, keep it all in the bank and just have her use her ATM card also known as a debit card at checkout at any store but only run it as credit. That way, there's no cash to count or lose and payment is quicker and easier. If more people banked like this, ATMs would become obsolete and be phased out. In fact, there's been talk of some bank branches actually vanishing as the move to get people to go digital progresses, and going digital I must admit is the best thing I personally ever did. If you're ever hit with fraud, you can just call your bank or at least the headquarters and report the fraud and your bank will restore your money as long as you can prove it was fraud. Your bank is trained to be able to spot fraud anyway and going digital is the best thing you can you do because there's a record of your transactions with your bank. They can spot trouble if in the event the system is ever compromised in anyway, and they will take steps to correct the matter, this would be their responsibility, not yours. Banks are FDIC insured
Helpful Answer (1)
Report

I worked for a lady that had a disability that made it very hard for her to sign her name. We went to Office Max and had a stamper made of her signature. ( It was like an address stamper) When she needed to sign papers she just used her stamper. It made it so much easier for her.
Helpful Answer (2)
Report

Let her sign shaky or not. If it is ineligible, you can have your mom add you to her account, then it is completely legal to sign your name.
Helpful Answer (1)
Report

Just take mom to bank & reregister her signature - you could print her name under any signature - she might agree to putting you on some or all accounts for convenience sake - sounds like she is still competent as P.O.A. hasn't been enacted so unless she rewrites those P.O.A.papers then you'll have to wait until the terms are activated
Helpful Answer (1)
Report

I pay my dad's bills online since he had been procrastinating them due to his dementia and depression. It doesn't require much, but it is safer to get POA created by an Elder Lawyer. However, if your mom consent enough, she could put an X on the back after you write a check. That way you both would be safe. Or, you could get her past signature, scan it, and then make it into a signature stamp. Because of my disability, I did this with my own signature so I don't have to keep taking my shoes off to sign with my right foot.
http://www.thestampmaker.com/Products/Wood-Signature-Stamp-up-to-3__WOOD_SIGNATURE.aspx
Helpful Answer (1)
Report

Call her bank and ask what steps you should take. You might have get a Power of Attorney, you might not. It depends on your Mother. Good luck and God Bless.
Helpful Answer (2)
Report

After my dad had a stroke, and lost the use of his writing hand, we took a copy of his signature, or an old check to a stamp making company. We used that on all his checks for years and had no problems.
Helpful Answer (3)
Report

You should be able to arrange with her bank to be an authorised signatory for her (with her permission, of course). Ring them up and ask.
Helpful Answer (7)
Report

Flat answer without knowing further detail, is *Yes, you can sign her checks for her *with* her consent. The act of physically signing another's name with their concent is not an act of forgery, it is an act of *agency on their behalf with consent.

In the future, if further legal docs or decisions will need to be made by you (or anyone else) on her behalf, there will need to be a document stating the power in which she agrees to give. Also (but not nessasry to enact a POA) .. but in the future if she is deemed incompetent by a physician (must be in writing) and you have Power Of Attorney status, that will have everything to do with anything further regarding you acting as her agent within an attorney-in-fact position within the power of attorney document = POA. (... But simply signing a check that she clearly knows and understands is being written because her hands shake, is legal to do. (But *consent is the defining legal difference.)
Helpful Answer (4)
Report

NO NO NO!!!

Let her sign her name, shaky as it is - aside from legalities, it's good for her to be using her hand, even if shaky.

If needed, you can sign under hers If The Bank Wishes It. In fact, talk to the bank about adding your name to the checking account. This was actually suggested by the bank when my Mother passed and I had to assist my Father. The Bank VP told my father that my name needed to be on everything in case I had to have access to the monies for him. I never had POA and never wanted it, and he checked the bills and bank statement every month for about a year. Then he decided to just trust me. I wasn't offended, I took it as a good sign that his brain was still functioning.
Helpful Answer (5)
Report

You need to get your name added to her accounts. My mother in law recently passed and my husband's name was on some accounts but not others. Fortunately he was on her checking and he could pay her bills. For the other accounts we had to go to probate court here in our county, fill out something called 'the common form' and request letters testimentary so we could close her IRA accounts. I understand some institutions will accept just a death certificate, but Bank of America needed these letters. Maybe now is not the time to discuss and plan those issues, or it could be too soon for that and you just need to be added to the checking. You can get a lot done having that. Sounds like you are assisting her in paying her bills already.
Helpful Answer (4)
Report

I had my name put on my husband's bank account but he had to approve it. It has made life so much easier so I hope you can achieve this too, Janeen. And POA as well. Best of luck!
Helpful Answer (7)
Report

Only if your name is on the checking acct.
Helpful Answer (6)
Report

Janeen, my Dad was ignoring his bills as it was my late Mom's job to take care of such matters. So I jumped in, and the bank suggested that my name be added to Dad's checks, then that way I could sign the checks for Dad. I did have Power of Attorney, and took Dad to the bank so the banker could ask him questions, to make sure Dad was ok with this :)
Helpful Answer (19)
Report

Do you have POA? If not then only mom's signature will do, shaky or not. You might want to look into setting up most of her bill payments on auto-pay or online banking payments so that cheques are not needed. Then set up an appointment with her lawyer to get POA in place, as well as an advance directive and an updated will.
Helpful Answer (16)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter