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A husband and wife hold a joint account. The couple’s daughter wants to be added as a third joint accountholder. The daughter is in the process of obtaining guardianship for the father and provided us with a letter from the father’s doctor stating that he is mentally incompetent (and that the mother is close to being incompetent as well). Can we add the daughter to the account? Our bank counsel said this would be permissible, but we wanted to confirm with you. – IBA Compliance Connection

A husband and wife hold a joint account. The couple’s daughter wants to be added as a third joint accountholder. The daughter is in the process of obtaining guardianship for the father and provided us with a letter from the father’s doctor stating that he is mentally incompetent (and that the mother is close to being incompetent as well). Can we add the daughter to the account? Our bank counsel said this would be permissible, but we wanted to confirm with you.

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We recommend that you require the daughter to obtain a court order appointing her as guardian for one or both of her parents before adding her as a joint accountholder or authorized signer on the account. A temporary guardianship can be obtained relatively quickly, particularly if there are emergency circumstances that require the daughter to take control of the account funds quickly.

There are heightened risks for your bank if you add the daughter to the account in the absence of a guardianship order, particularly because the daughter already has informed you that one parent is “mentally incompetent” and the other parent is “close to being considered incompetent.”  Ultimately, however, whether you proceed with the daughter’s request without a guardianship order is a business decision for your bank to make based upon its risk appetite.