• Power of Attorney Question

Hello,
My mother-in-law is a cardiac patient and also has been losing her memory at times. Me and my husband reside abroad. Of late, she has forgotten how to sign checks and there are lot of pending dues. My husband is the only son and he is added as a joint holder to only 1 bank account of the total 5 accounts. My question is how do we consolidate all the bank accounts given her existing condition. My father-in-law is no more.
I am planning to come to India to resolve this issue but will the bank give me authorization given the fact that she we are not joint in any accounts or Fixed deposits. 
Will the bank accept thumb impressions? And can we give any instructions to the bank (we are not added to bank a/c) not to honor any fraud cheques ? How do we get added to her account as "joint" so we can make the decisions on her behalf.

Thanks
Rachna
Asked 5 months ago in Property Law from United States
Religion: Hindu
According to RBI guidelines, banks should send officials to the homes of elderly account holders and take their thumb impressions with a witness present

You should secure a doctor's certificate that the account holder can no longer sign due to health issues. The doctor has to witness the thumb impression being affixed by the account holder before signing the certificate.

3) your MIL can  also nominate a family member as joint account holde
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1. If she is not in her perfect mental state then it will be illegal to get her signed cheques,

2. If she is mentally fit but physically unable to write, she can appeal to the Bank stating that she has become  physically unable to apend her signature on the cheques asking the Bank to accept her thumb inpression. The said appeal should be backed by a doctors certificate stating that she is mentally in perfect state but physically not,

3. Once the Bank accepts her appeal for accepting cheques/letters with her thumb impression, you can slowly arrange to add your name in all her Bank accounts to deal with those accounts properly. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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You have no right to give instructions to the bank for and on behalf of your mother-in-law unless she executes a GPA in your favour to authorize you to do so. You cannot be added as a joint account holder to her bank account. She has to execute a GPA in your favour to authorize the operation of her bank accounts. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Under this situation, she can change her specimen signature from signing it to thumb impression with the help of a doctor certificate and the if she is not able to go to the bank physically, the bank manager can be requested to visit home to get her  thumb impression personally confirmed.   Simultaneously a joint account form can be signed either by you or your husband to join her as a second account holder. This account can be on the basis of either or survivor. Once you become a joint account holder, you may give instructions to bank about the passing of cheques or any undesirable adverse event coming to their knowledge in this regard.
Becoming joint account holder shall be a better option than  to become a nominee of the account holder. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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POA can be executed by person if he is of sound mind but unable to move 

2) doctor certificate should be enclosed 

3) general power of attorney can be executed . it should be duly notarised 

4) it can be done at home of mother in law 

4) for sale of property registration of POA is necessary 

6) you can seek phone consultation from any lawyer on this website 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
If the person is in a sound mental state but weak and immobile, with the doctors certificate, can the Power of Attorney be obtained at home  and will a thumb impression work for POA?

Yes the POA deed can be executed by him and also the registrar can be called in to the house for registering the same by paying the prescribed fee for the purpose.  The POA duly execute before the Registrar at home is valid even if it was by a thumb impression also.




Is POA only for a specific transaction or it is a general POA for different transactions like sale of property, adding oneself as a joint holder to the bank and operating locker etc

The POA can be in general also mentioning all the deeds the power agent is required to do on  behalf of the principal. There can be a specific mention about the operation of bank account and the locker account too in the same deed.  Normally the bankers will insist on a special or separate authorisation for the purpose of banking operations but since this is got done registered at home by the Registrar visiting home, this may be treated as a valid document by the bankers too. 






Also, can all these proceedings take place at home including adding the joint holder

For joint operation of the banking transaction, a separate form for applying for joint holder is to be filled besides this authorisation through this POA deed.







Is there a phone number to get in touch with you

The phone numbers of all the lawyers of this forum is available in the forum database, you can choose any lawyer of this forum and can have further consultation  with the chosen lawyer over phone by clicking the option 'talk to .............(lawyer).   Need to talk? Schedule a 30-minute call .........'
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. Yes, if  the executor, who is in perfect mental condition  is unable to physically sign any document, then she is entitled to put her thumb impression on the said documents and in such case her said thumb impression will be legally accepted if it is certified by a qualified madical practitioner that she is in a perfect mental state and also that she is physically incapable of signing amy document,

2. In the same logic a POA can be executed by her by putting her thumb imression on the said POA which can also be registered by commissioning the said registration i.e. getting the registration done at her house by the the Registrar duly visiting her residence.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. Sound mental state does not preclude him from executing a POA in favour of a blood relative for the management of his properties. Thumb impression can also be affixed if there is a medical certificate to vouchsafe that he cannot sign. 

2. The POA may be general to cover a wide array of transactions or it may be special to cater to any specific transaction.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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