If my elderly dad added my sister to his bank account and she took money without permission, can he press charges against her?

My dad added my sister to help him is he ever needed for her to pay something for him. Not to help herself to the only money he had to live off of. She works at the court house and my father at home doing side jobs, because he kept running out of money. We could never understand why he never had money, but never did we think our oldest sister was responsible. If it wasn’t for one of my sisters stealing a check and forging it (keep in mind she too is on probation for forging) would we ever find out she was doing this to him.

Asked on July 9, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Because your father added your sister to his bank account, it will be very difficult to prove that your sister embezzled this money from the account. Embezzlement is where a person converts monies from an account they had possession over, but was not legally entitled to take the monies from the account, i.e. an accountant. With a personal bank account, so long as your father legally added you sister to the account through all the proper channels with the bank, she is entitled to withdraw and deposit monies from that account just as you father would, and does not need you father's express authorization to do so. You can contact the police to see what type of charges can be filed, but I doubt if you will be successful in seeking a criminal prosecution in this matter.


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