Legal Question in Banking Law in Massachusetts

I gave my son permission to sign my name to my checks to pay bills while i was in the hospital after suffering an injury. My bank froze my account due to the signatures not matching my signature card. I called the bank from the hospital and told them no i gave my son permission to sign those checks i want the freeze lifted. the bank told him he needed a durable power of attorney and competency letter which he got. He took it to the bank and they are now freezing my account and refuse to release my money to my son as i wanted. I am never gonna be able to get to the bank due to my injuries so where does that leave me and my son? due to this freeze my son was unable to pay my bills and in result lost my apartment and my belongings and credit. I want my money now but they are saying i committed fraud on my own account because i let him sign my name. I need to know what my rights are, if i violated any laws, and what i can do to get my money out of that bank asap!


Asked on 8/22/09, 8:34 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

The bank is and can enforce its rights to dishonor checks not signed by you.

You could have given him a limited power of attorney.

If however, and i am confused, you provided the requisite documents and they still dishonored the checks, then you have a right of action, and a right to make a demand to make you whole.

You need to get an attorney - there is something that does not make sense here.

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Answered on 8/28/09, 9:19 am


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