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#1912051 - 04/04/14 09:09 PM Guardianship on joint account
danyielg Offline
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danyielg
Joined: Jun 2007
Posts: 409
OK
If I have an account that is in the name of a minor joint with a grandmother and the grandmother becomes incapacitated, does the guardian of the grandmother have access to this joint account? or does the grandchild's mother have access since she's the child's guardian? It was not set up under UTMA with a successor custodian just as a joint account set up by the grandmother.

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#1912053 - 04/04/14 09:19 PM Re: Guardianship on joint account danyielg
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,675
Galveston, TX
If the minor has the right to contract for a deposit account in OK, then them being a minor has no impact on how you would handle the account.

If it OK does not, then you are a little out on your own.
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#1912194 - 04/07/14 02:30 PM Re: Guardianship on joint account danyielg
John Burnett Offline
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John Burnett
Joined: Oct 2000
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Cape Cod
Don't assume that a parent is the legal guardian of his/her child. Legal guardianship is a status granted by a court.

Oklahoma has two provisions of law regarding minors' accounts. In one (6 OSC 903.1), a bank may accept a deposit account from a minor if the minor is the sole and absolute owner (no joint accounts); the "disabilities of minority" are removed for the purposes of allowing the minor to enter a binding deposit contract; but the parent or legal guardian of the minor may deny him/her the authority to control the account and take the account over, requiring that any withdrawal from the account be approved by the parent or legal guardian until the minor reaches majority. That's clearly not a description of the account you're asking about.

In the other, at 6 OSC 901, a joint account is permitted, including one owned jointly with a minor, but the provision does not remove the "disabilities of minority," so banks have done various things, including side agreements in which the adult joint owner assumes legal responsibility for any transaction of the minor.
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