How do I get my Mother’s Edward Jones account unfrozen?
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How do I get my Mother’s Edward Jones account unfrozen?
The Financial Advisor at Edward Jones in Wake Forest, NC falsely claimed that my Mother has dementia she has never even met my Mother resulting in Edward Jones’ legal department freezing my Mother’s account in Sep. 2018. Edward Jones restricted my Mothers account without probable cause–without providing evidence of their actual knowledge that my Mother lacked the capacity to sign the Power of Attorney due to her alleged dementia. We also believe that the advisor worked with our brother to freeze the account. When I told the advisor that my brother was no longer an Attorney-in-Fact for my Mother, she took the liberty of revealing that information immediately to him. Right after that, the account was frozen. Note my sister and I are co-Attorney’s-in-Fact for our Mother. My Mother needs the funds from her account to pay for the extra home care she needs NOW, dental work, bill pay and more…
Asked on June 3, 2019 under Estate Planning, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The only way would be to bring a lawsuit against the company and in the suit prove that your mother did have mental capacity (was not mentally incompetent) when she created the power of attorney. That will require medical testimony, such as from any doctor(s) who were treating her then. You would bring the lawsuit in that part or section of county court traditionally called the "chancery" or "general equity" part. This kind of legal action is much more procedurally complex than, say, a small claims action; you are strongly advised to retain an attorney to help you.
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