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I need help, please! My parents both have dementia and are being scammed out of their life savings. None of us (their kids) know what we need to do to take control of their accounts so they don't lose everything they have. My sister has durable POA, but the bank isn't recognizing that, even though it's notarized. Any suggestions on how this could be accomplished, and who should we could contacted regarding the scam?

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With DPOA will allow you to do a lot of things, but banks are another story. You would need to be on the account or listed as a trustee on a trust in order for the bank to allow you access to the accounts.

Have your parents been declared incompetent by a Dr? That will also allow you to have access through the POA if you have a letter of incompetency as well.

I highly suggest you contact an Elder Law Atty asap!!!!
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Durable power of attorney should work fine; problem is that if your parent is not declared to have dementia by the doctor, then you cannot do anything but fulfill their own wishes. You may need guardianship. But you do need to act at once. If they are involved in any Nigerian Scams (both 60 minutes and Dr Phil have excellent exposes on the few towns in Nigeria that do this "work") they can be cleaned absolutely OUT of their funds. Please see an elder law attorney at once. I do not know what the problem is with your POA. I had no trouble when I took the POA created by our Lawyer to my brother's bank. I did have to have Trustee of Trust to manage his trust, so needed the two documents. They are carefully worded that this is his wishes while he is able to direct his affairs, and will be his wishes if he should be unable to take responsibility for his own affairs.
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Your sister needs to have her name added to the checking/savings accounts JTWRS, and then if necessary close those accounts and open new ones, not giving the infro to your parents.
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missmacintx Nov 2019
You cannot just “get added” on a joint holder account and close it, and take their money and put it in a new account without their knowledge or consent!!! No bank is going to cooperate with that. In fact, your attempt to do anything like this will be met with account lock and contact to Adult Protective Services for suspected abuse.
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While your parents are distracted, collect any checkbooks, credit or debit cards, etc. and remove them from the premises. Shut off their internet access if you must and divert their phone number so it rings to your house. It is no longer a matter of how they'll react -- they will be mad -- but not doing so will ruin them financially. Have they given out their SSN? You can sign them up for LIfeLock so that you're alerted to any loans being taken out in their name. If possible, the PoA should create online access to their accounts so you can see activity remotely. I do think durable power of attorney should not require having them declared incapacitated, but it may be different in your state. You have to go to the bank in person with the DPOA papers, and maybe even show them evidence of the scam to make them act sooner. Scammers move fast so don't wait!
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missmacintx Nov 2019
Almost everything you have suggested here is illegal. Whether the DPOA can be acknowledged depends upon the conditions which would trigger its activation; its all in the documentation. Changing utilities etc without authority could create its own problems, like refusal of the utility to reestablish service without proof of account authority/in person.
You have no right to take someone’s checkbook or debit card and put yourself in the crosshairs of being charged with theft. All your mad parents need to do is call the police and file a complaint. Then you are in jail, regardless of your “good intentions”.

Just horrible advice.
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Find out who scammed them and write letters threatening legal action. If they don’t provide a refund, follow through and sue.
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Geaton777 avatar
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Geaton777 Jul 2019
Contact your state's attorney general's office to see if others have filed complaints. If this is an internet-based scam, don't waste your time as you will never be able to track them down. Better to spend time + energy putting up immediate barriers to protect the LOs.
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I have been in your situation with my MIL. Find a good attorney asap and s/he will guide you through this. This is happening way too often to too many seniors these days. Where are our legislators and what are they doing about this? This needs to stop, it destroys families a day lives. Sorry to vent but I feel your pain. A good attorney may help you through this!
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Even if you are not the DPOA, contacting your parents’ bank(s) may be appropriate to bring oversight to the accounts while you seek appropriate authority to access accounts and manage them on their behalf. You may start by involving the police, when you suspect an elder person of identity theft or scams. They can investigate, but may not be able to share information or details directly to you. The conversations may remain very general, because of PRIVACY LAWS.
A bank may deny certain transactions on the basis of possible identity theft, fraud, or business irregularities, not only to protect the account holder, but to protect the bank itself from liability to the account holder. The bank does have a duty to monitor questionable activity to prevent losses to consumers and stockholders.

It is very difficult to intervene until YOU establish a legal right to do so. We know. We went through it. And it took guardianship to get er done.
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OP only posted once and never responded to this post. Note, its from July.
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