I have proof that shows on my dad's (joint account with his wife) bank account, that his 55 yo stepson (jobless, general loafer) has been stealing from my dad for years! I have copies of recent bank statements that shows checks written for "cash" upwards of $200 each time, atm withdrawals from my stepmoms' debit card (but from their joint accts) (she is in hospice care, while my dad is residing with me, since he suffers from dementia). This loser is also financing his stripper, booze and cigarette habit on my dad's dime, as well as putting gas in his huge truck from my dad's bank account. I just discovered this after going to the bank and doing some forensic analysis.
My dad has not been aware. I'm sure if I go way back and research years past, when his wife was trying to get my dad put into assisted living (we refused ), I would find even more evidence, but want to know if I should have him charged with Fraud? forging checks? I'm not sure what he's capable of, but he's ex-military, has guns, and I don't trust him. He was also accused of elder abuse of his own father we learned. My friend suggested we should have the locks on my dad's house (it is jointly owned by him and his wife) changed asap and as soon as my stepmom passes away in hospice, transfer all of my dad's monies into a new bank account (my sis and I are his POA's), and then file charges. Thoughts??
Are the signatures forged using Dad's name? If so, as Dads POA you need to question this with the bank. The signature should match the signature card on file. If not, this is the responsibility of the bank to make sure they do. Make sure you have your POA and a doctors note saying Dad has Dementia and is residing with you and That stepmom is on hospice. See if you can be placed as the only check writer on the account. Or at least, anything with Dads signature is not accepted, only yours. My Uncle was given a pin # to place under his signature. If not there, the check would not be cashed. See if you can withdrawl half of the money and transfer to an acct with just Dads name on it? Maybe the bank can put a red flag on the acct. This means the bank would have to make sure the signature is legit at time of cashing. That when withdrawals from the ATM are made that its ur Stepmother who is making them. They may be able to put at least a hold on the card saying its being investigated for fraud.
You need to talk to a bank officer. You also need to get everything out of Dads house relating to their bank accounts now. Once you bring this to the banks attn they should do something to help because IMO they now can be held responsible. Not much you can do about the past. He is using Moms ATM card. At least half the money is hers. If this has been happening for years, Dad could have separated their accounts back then when he saw the withdrawls.
Sure do wish you the best.
First, it is not only your dad's money, it is also his spouses money. She has a right to the money or gift her son money with or without the consent of your father. I hope during your investigation, you contacted the bank to see if stepson's name was added as an authorized user on the account or as POA for his mom. Unless dad added you to the account, as POA, most banks would not give you that information. Bank POAs can be different than regular POAs.
Second, dad has dementia. How credible of a witness would he be? Can he say for certain what his wife authorized? Hospice does not mean the person is incompetent.
Third, in forensic analysis, you do not make wild assumptions and accusations. I am not saying you are not right in your assumptions but you have no proof of anything.
So, what do you do? Set up a new bank account and have his monies going forward go into the new bank accout. Since, you are most likely not POA listed on the account, you cannot just take her money without consent.
Best wishes to you.