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#2171878 - 04/04/18 05:50 PM Alcohol induced transactions?
Valley girl Offline
Gold Star
Joined: Aug 2014
Posts: 394
TX
We have received a dispute from a woman who was added to her nephew's account 3 weeks ago. She said her nephew brought in a companion approximately 18 months to live with him. He is ill with alcohol related liver/stomach cancer. The aunt noticed that ATM withdraws have ramped up since January as well as 4 or 5 house payments being made a month. The "companion" is stating that she is the nephew's common law wife and he gave her permission to withdraw from the ATM and make multiple house payments per month (according to the aunt - we do not know the companion). The nephew was hospitalized in March - he is out, but can no longer remember anything or assist with what is and what isn't authorized. He received a large inheritance awhile back, so we are talking a lot of money. How do I go about researching when I really don't know where authorization ended? The ACH mortgage payments were not made to us, so I don't have any way to prove that he didn't tell her to have the payments made. The aunt claims all of these transactions were "unauthorized" because her nephew was drunk all the time (a quart a day drinker) and wasn't in his "right" mind.

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eBanking / Technology
#2171890 - 04/04/18 06:12 PM Re: Alcohol induced transactions? Valley girl
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,225
Galveston, TX
Then she should have had him declared incompetent and had a guardian appointed. While there is this:

6(b)(5) Notice to Financial Institution

2. Notice by third party. Notice to a financial institution by a person acting on the consumer's behalf is considered valid under this section. For example, if a consumer is hospitalized and unable to report the loss or theft of an access device, notice is considered given when someone acting on the consumer's behalf notifies the bank of the loss or theft. A financial institution may require appropriate documentation from the person representing the consumer to establish that the person is acting on the consumer's behalf.

You currently have no evidence that the Aunt is actual acting on behalf of the customer. I would close the account and mail a check.
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#2171908 - 04/04/18 07:05 PM Re: Alcohol induced transactions? Valley girl
Valley girl Offline
Gold Star
Joined: Aug 2014
Posts: 394
TX
Thank you thank you thank you rlcarey!

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#2171933 - 04/04/18 08:04 PM Re: Alcohol induced transactions? Valley girl
Deputy Dawn Offline
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Deputy Dawn
Joined: Feb 2007
Posts: 485
Pennsylvania
We once had a wife claim that her husband's mistress was getting him drunk and he was writing checks to buy her things at stores.

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