Legal Question in Banking Law in Louisiana

My 81 year old father and I have a joint checking account, and he still drives.If he gets in an accident and gets sued,can my assets (checking,saving,house) also be sued?


Asked on 6/19/10, 3:04 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Dear Law Guru Friend,

I assume you are in Louisiana and your father too, as well

as the checking account and your property. No, you are

not responsible for his acts; that is, unless he might be driving

the car, say on a joint mission for you and him jointly and/or

exclusively as your agent and on your behalf. Of course, this

is why you and he carry personal automobilie liability insurance,

or should do so. Further, having a joint account with him does

not make him your agent, nor does it make you responsible for

his negligent acts. Of course, if he would get sued and get an

adverse judgment against him, his funds in the account could

be seized; and the best guess is that all funds held in a joint

checking account are considered just as much one account holder's

as the others. There is more to it all than this, but this is something

to think about. E-mail me your name and phone number, if you

would like to discuss this further; and I will call and/or e-mail

you back.

Sincerely,

Hardy Parkerson, J.D.

Lake Charles, LA

[Retired Lawyer After 41 Years of Actice and Successful Law and Trial Practice]

337-377-6086 (cell)-would prefer your phone number so I can call you on the house phone.

P.S.: There will be no charge for my consultation on this matter. HMP, J.D.

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Answered on 6/20/10, 5:51 pm


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