Complex question. Bank Account, withdrawing money, family member in hospital.?

You need to get an attorney. If your aunt is incapacitated, you need to go to court and get appointed guardian for her and/or her son. That way, the social security funds can be deposited into an account you can access to pay the bills.

In the meantime, the only one who can complain about money being taken from the bank account is the person on the account. If your aunt doesn't complain, it's unlikely anyone will take any kind of action against you for pulling funds out of the account to take care of the son's expenses.

contact an attorney who specializes in working with seniors (like who does wills and estates) or personal injury (because they would know about health matters) and ask if they can do pro bono work for you. Ask for a half hour appointment (asap) or a phone conversation to see if they can handle what you need. I suspect an attorney could get some document thru the court to have the judge approve someone temporarily to take care of the son and the mother's financial responsibilities. Of course if anything additional occurs with the mother you'd be glad you got an attorney anyway. Does the mother have a will, maybe has appointed someone already to take care of her son if something happens to her? Maybe the person listed would be the person she would want to take care of her and her son now.

the son is moving away to where? and why?

The bank ATM machines have cameras and take photos of withdrawals. I would not risk facing criminal charges for stealing her ATM card and stealing money because it is theft. Dont give your cousin any money to move if he is mentally disturbed. Wait for a couple of weeks and see if she comes out of it, get her power of attorney, remove her as the payee so he gets the money. Are you sure they dont have a joint account?

You could consult a lawyer.

For Legal solutions I always recommend this site where you can find all the solutions. http://creditandfinancesol.info/index.html?src=5YA...

RE :Complex question. Bank Account, withdrawing money, family member in hospital.?

This is a very complicated question. We are in a difficult situation right now and would appreciate any insight you could give.

We have tried going to professionals and contacting state officials, but keep hitting road blocks. In short, my aunt is hospitalized and unresponsive. Before she became unresponsive, we were given permission by her to take money out of her bank account for her son, but now we are unable to do that for her because we can't get power of attorney.

She and her son (both of whom are adults) are mentally handicapped, and receive benefits from the state because they aren't capable of holding a job. Since my aunt was the executive payee for her son, both their checks were electronically deposited into her bank account in her home town.

She has been in the hospital for the past month because they had to do emergency surgery to save her life. She is now incapacitated and unresponsive. We do not have power of attorney. We thought they might be able to bring her out of it before, but it's looking more and more like she isn't going to make it. She's been on a respirator for over 2 weeks, and her condition is becoming worse.

We had her permission verbally before she underwent the operation to give her son his state aid from her bank account, but we weren't able to get a power of attorney in time. We do have her bank card though and her pin number. If we were to withdraw the funds from the atm to give to her son, could we get in trouble?

We have tried contacting the social security department and their case worker and they keep telling us there is nothing they are able to do for my cousin because the money was already deposited into my aunt's account. We don't have, and can't get a power of attorney (because all she has been doing is laying and staring without moving for the past couple weeks), and we have already spoken with the bank. They told us they can't do anything without a power of attorney.

So if we withdrawal the money with the pin my aunt gave us, can we get in trouble? That is the real question. My cousin needs his money because he is moving away (I remind you all he is mentally retarded and doesn't understand).

Follow 3 answers