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Taking advance of Elderle: Bank and Insurance

Discussion in 'Life Insurance, Annuities & Other' started by Clarkjaneen, Jul 12, 2014.

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  1. Clarkjaneen

    Clarkjaneen Law Topic Starter New Member

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    In June 2014 I found out my niece took out two loans against my elderly mothers and disable sister life insurance policies with State Farm. She (niece) told my elder mother that she wanted to get some life insurance for her four child and she needed my mother to go to State Farm with her because she (my mother) do business with them (State Farm) and that will help her (niece) get insurance. When they went to State Farm my niece when in (my mother is suffer from stroke and memory loss, can not walk well) stayed in the car. When my niece when in State Farm she pretended to be my disable sister who is (mentally retard) to do the paper work, my mother could not get out so she stayed in the car. After a while the State Farm Agent went out to the car and asked my mother if she was ok with everything and she needed to see her (mother) id to process the paperwork, and thanked my mother for sending her a customer and for that she was giving her a check for $25.00. When my niece got back in the car she told my mother that she also got a check for $25.00 as well for getting a new policy, and she did give her (niece) her (mother) id but see needed it to deposit the $25.00 check in the bank. (my mother not knowing my niece had just taken out two loans against their life insurance policies, one for $1095 and the other $2550 which were loans against my mother's and disable sister life insurance policies). After that my niece took my mother to her (mother) bank (Whitney Bank, La), to cash the $25.00 check so my mother endorsed the check (mother who can not read or write signature is a X). The bank informed them the check has to be deposited only, because it was a bank draft so it has to clear. (she (niece) only deposited one check since they would not cash them, my mother only endorsed the one check). After they left the bank my niece told my mother she has some errand's to run, and after that she would take her home. The left the bank and went to the next town (Bogalusa, La) and made several stop, my mother was getting tired and finally asked my niece what kind of business she was doing, she told my mother she was trying to find her mother. (My mother not knowing she is trying to find a place that would cash the other check for $2500). Which she finally found a check cashing place to cash the check, (using my mother's id, while my mother sat in the car).
    Also, later to find out that my niece had also stole my mother check book and was writing check on the account, now my mother's bank account is overdrawn. FYI, the only income they (mother & disable sister have is SS Benefits).

    Upon finding this out I got POA over my mother who also has been (memory loss). I think I took all the right steps buy still need legal help since I've ran into some road blocks. The step I took thus far: I got Power Of Attorney over my mother, I file police reports with the County and City Police, I spoke to the State Farm Branch in which the loans were taken, notified they of my Power of attorney (filled out forms to take ownership of the policies), and I contacted the State Farm Home Office to file a complaint over the phone to inform them I had taken POA over my mother and going forward I would be handling all of her affaires, and I had no intentions of paying those loans back and I wanted that money (loans) to be put back into those account. (have not head from State Farm), I went to the Whitney bank explained to the bank, what was going on, and to freeze the account until I could resolve this (found out the account was already over drawn), and could not freeze the account since it was not my account. Got a statement from her Doctor explaining the problem to him, went to Social Security to get over the accounts (mother and sister) went back to Whitney Bank with police reports and Doctor's statement to freeze the account, filed and affidavit with Whitney Bank and got copier of all the checks (niece) had written (which she made the checks out to cash and signed my mother name (not and X) and endorses the check on the back with her id number). Took that information back to the police station.

    Later the police department contacted my to inform me that (niece) had been arrested for Theft of assets from aged and three counts of forgery. Also, found out that she (niece) had been arrested in February 2014 for unauthorized use of credit card, Theft by Fraud and Failure to appear.

    I contacted Whitney Bank to keep them informed and they keep my informed (they informed me that they were doing there own investigation), after a week contacted Whitney Bank and they informed me that are not going to pay back the money because they don't know how long it's been going on and they did not know my mother health condition and it's not their problem to find out. Then spoke to Branch manager she informed me that she had review the file, but they will not pay the money back and they have to look out for the banks best interest.

    Help!!!! How do I deal with Whitney Bank? I did an affidavit, gave them the police report, and copy of Doctor Statement, and they refuse to pay?
    How to deal with State Farm Insurance, do I need to send a complaint in writing and what if they ask me to pay back the loans? Do I need to file a complaint with the State of Louisiana Insurance Commission, if so how and who else do I need to file a complaint with.

    Also, just got a letter from State Farm informing me that I could take ownership over my mother's and sister policies with POA because it need to be more pacific concerning the insurance. How do I do that I have Dual Power of attorney?

    Thanks any advice would be helpful
  2. army judge

    army judge Super Moderator

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    Wow, you're doing great, so far Clark J.

    But, the bank doesn't have to refund the money.
    They sometimes do, but each case is different.

    In your case, the issue for the bank is they accepted and cashed checks with a written name, rather than an X, the mark which your mother uses.

    You'll have to make this case with the bank's legal department, rather than the bank management.

    If they continue to refuse, you have a solid case to take to small claims in the parish where the thefts occurred.

    I suggest you take this to a lawyer. Your adversaries happen to be two very tough hombres: banks & insurance companies. They are risk averse, and rarely give in. Talk to a couple lawyers, see if they'll help.

    Legal aid might also step in to help an elderly woman and her mentally challenged adult daughter.

    Take a look at this:

    Your Governor has a state agency to assist seniors. See what they can do.



    You can even email their legal coordinator:


    If you visit social security, explain the problem, they will sometimes send the beneficiary checks to cover the losses. Mom's case might go somewhere with SS.
    THERE'S a SS office in Bogalusa.

    Last edited: Jul 12, 2014

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