I (25 y/o male) was asked to be added to a family friend’s (82 y/o female that I live with) checking account. She requested I get added to her bank checking account which had a large available balance. I left work thinking getting added onto her account as a joint owner would be a quick action. I walked into the bank with her and we sat with a banker. We made our request and I provided the banker with requested credentials as did she. It seemed once she (the banker) saw the xxx,xxx available balance she thought there was a scam of a sort that was taking place. Then the asst branch manager came and REFUSED service. I asked them what they would like to see or hear to service us as requested. I provided credit card statements as did my family friend showing proofs we’ve lived together and the branch manager came to the table. He was more reasonable and said this is not a common request that’s made. I shared that though not common it does occur as seen here today. The next thing i and my family friend knew, the police arrived. I was detained and interrogated for 5 hours and my family friend was there speaking to police for five hours. In the end her and I left the bank together and all seemed to settle but we never got our action completed as requested.— the bank and police saw a young man and elder woman and immediately assumed she was senile and not of sound mind. They made their mind up assuming this was some scam and refused to service her and I. It seems discriminatory. Can I sue? Location: Illinois
—adding to this after seeing comments. I can understand and appreciate the bank and police doing their investigation however it seemed very accusatory as if their mind was made as would be shown on the body cams if pulled and all in all provided a poor experience for both her and I.
Comments
I can’t offer advice, but I can offer sympathy.
Age discrimination is beyond out of hand in this country. I’m offended on your behalf and hope you can sue.
They can discriminate based on your age and your relation to an elder. You have to admit, even if you have every good intention for your family friend, from an outsider’s perspective, it screams scam/elder abuse. Nothing legally to be done here – the bank may refuse service and the police may investigate potential fraud/elder abuse.
Have her withdraw all funds, go together to a competing bank, open the joint account there.
Sue for what exactly ? You were mildly inconvenienced against the possibility of someone being swindled out of their life savings.
Be aware: churches are good at this. They’ll start by taking them out of the assisted living to go to church- soon they’ll be at the banks changing all her accounts.
You can file a complaint with the police department or the management for the bank. Filing a lawsuit would be difficult without specific damages to sue for. Did you agree to answer questions after being taken into custody, or did they just keep you in custody and attempted to ask you questions for 5 hours straight?
Not sure, but making it a joint account might have gift tax implications. If she merely wants you to help her with transactions, a POA is probably the better bet.
Not a lawyer, but their actions seem reasonable.
This screams of scamming an elder, or at the least, tax evasion.
What would you sue for, and who would you sue?
The bank was doing its due diligence and for some reason, which you don’t mention, you weren’t able to do what you went in there to do, after bank staff and the police intervened.
Heck, even I’m sketched out by this proposal. What good reason is there for this family friend to add you to her checking account? I can’t think of a single reason I would add anyone to my account, except maybe marriage.
You have to understand the consequences of both your actions. The bank’s response was justified, elder abuse takes all forms and from an outsider’s perspective this had a whole bunch of red flags. As a joint account holder you would immediately be able to access and use her funds without her knowledge or consent. Furthermore, when she passes away, you become the sole account owner and automatically get the account funds outside of the probate process, essentially circumventing any Will she may have in place. Additionally there’s a whole host of concerns with her losing autonomy and you being able to control her by removing her access to her funds, etc. none of which I’m accusing you of, but it’s all possible once you’re a joint account holder, thus the bank’s reaction.
Your post doesn’t state any familial relationship with this woman or what your living arrangement is. She is in a very vulnerable position and though your actions may come from good intentions, I would never counsel an elderly client to add an unrelated tenant to a bank account. If I was advising you, I’d warn you that your actions open you up to lawsuits from her family for undue influence among other things. Help her find a good attorney who can get the necessary documents in place so you can help her with finances if necessary but she remains properly protected.
BOA told me I would need to open a new account with my wife’s name and transfer the funds, no adding.
Easy transfer online . . .
Unlawful detainment is a violation of the 4th Amendment. 5 hours is no longer a detainment, that is a de facto arrest. Good luck.
Here is why it sounds fishy. She was adding you as a joint account holder, which gives you unfettered access to her money. You don’t say why she is doing this. I assume she wants someone to help keep her books, but that is a foolish way for her to go about this. The appropriate way to protect herself and keep you on the hook as a fiduciary would be to sign a power of attorney allowing you to write checks from the bank account on her behalf. She has to be of sound mind to make this happen, but this would not have gone the same was as her trying to add you to the bank account.
I can’t really answer the question about suing because the facts are too limited and it’s not really my practice area, but the fact she was just going to make you a joint account holder definitely would look fishy to just about anyone.
“I (25 y/o male) was asked to be added to a family friend’s (82 y/o female that I live with) checking account.”
This should raise red flags, and especially to you! For what legitimate reason does she want you added to her checking account, regardless of how much money is there?
It might be because you aren’t related; they acted that way. Scams are getting worse, and I don’t see it getting any better anytime soon. Most victims are elderly, but anyone can fall for it.
I had no issues being added to my dad’s account but it’s probably because I’m his daughter. I don’t even have a card for the account or any login access. I’m only supposed to close it out when he dies.
I don’t think there is anything you can do about how you were treated. It sucks, but I’m glad they are taking precautions. Most people don’t get this and get scammed out of their retirement.