My sister told my mother the bank called her and said someone was writing checks from her account. She told my mom she would have to sign her name to prove her signature, but she was actually signing her name to unknowingly add her to her account. I have since filed a POA with the bank but can I have an attorney send her a letter to let her know legal action will be taken if this is attempted again? The bank removed the money from my sister's account that she transferred so we are whole again, but do I still have a case?
As someone with a fraudulent and nefarious sister you need that advice now.
First of all, make certain this is an ironclad POA you have by a good attorney.
Make a phone call to that attorney now with your question; we are a Forum of strangers, not legal help, and our advice to you isn't reliable as such.
It is very important that whatever banks and other entities that now hold your mom's funds knows that there is a fraud alert, that you are the signee, because sister can, I am certain--as she has once done--sign now YOUR name to anything she wants.
I think her attempts should be reported as an attempt to defraud, but an attorney will let you know if/how to do this. The important thing now is to prevent recurrence.
Someone into theft on this level is a DANGEROUS threat to everything your mom has. Thank goodness you caught this and the bank was cooperative. And can only say if they were, you have a good POA indeed.
And has your mother's bank since removed your sister as a signer/ co-owner of the account?
You say you filed a POA with the bank. Does that mean you now have power of attorney over your mother's financial affairs, and access to her bank accounts?
If you have control of the money, create a separate account and move the money to safeguard it from any bad actors.
And, of course, you can have an attorney send a letter to anyone, warning of legal action. But you should consult said attorney first to see if you have a case.
What's even more shocking is when one sibling becomes the solo care-slave to mom or dad (sometimes both) and their siblings couldn't care less about that but of course will keep a hawk's eye on every cent the parents have.
That's even more shocking. Yet is happens all the time. Far more often this is the case rather than one sibling just shows up and financially exploits their parents.
Geaton is right. Your story doesn't add up. I am on my mother's bank account only because it makes sense for me. I am her POA. I was added when she was in her late 70's and there was no need to show any POA documents.
I had to show plenty of identification and so did my mother. Then we ordered checks.
Believe me, if your mother was baffled and confused and the bank employee they were sitting with (this is not done in the teller line or drive-thru window) heard your sister lying about her only proving her signature they would not have put her name on your mother's bank account.
Your sotry doesn't add up.