Is it legal to draw money from account of a patient for her treatment

27-Apr-2023 (In Criminal Law)
Mother has dementia. One sibling is withdrawing mother’s funds for mother’s care using presigned cheques. Is this legal? what is the correct way to do it? What should I do?
Answers (4)

Answer #1
906 votes
Whenever, a cheque is presented to the bank for encashment, the bank shall match the signatures of drawer with the specimen signatures. And then, it shall also check the cheque for any cutting or over-writing. Once everything is fine, it shall clear it for payment.
As far as your case is concerned, the best you can do is stop using those pre-signed cheques. Or else use these cheques to make payment directly to the hospital from where you are getting your mother treated.
Answer #2
838 votes
There is no law regarding this. So legal or illegal question not arise. You are doing for the benefit of your mother so best way is to keep record of all bills and other charges. So till you are using presigned cheques for treatment of your mother, the question of legality or illegality not arise
Answer #3
984 votes
it's illegal way to withdraw without free mind consent but if mother gives consent to withdraw the amount for medical care n sign on documents which is required with free mind then that is no offence
Answer #4
745 votes
If the cheques were signed by her than what is illegal in that in case later on she will not lodge a complaint against you. If you are using her money and later on she objects than this is a matter of concern.

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